HomeMy WebLinkAbout1996-06-19 Conservation Commission Minutes 0
North Andover Conservation Commission
June 19, 1996
7:00 P.M.
Senior Citizens' Center
PRESENT: Joseph W. Lynch, Jr. Albert P. Manzi, Jr.
George L. Reich Scott Masse
STAFF: Michael D. Howard Donna Mae D'Agata
Julie A. Parrino
Chairman Lynch called the meeting to Order at 7:00 P.M.
MINUTES
Motion by A. Manzi to approve the minutes of June 5, 1996, second by S.
Masse. Vote: 4-0-0.
NEW BUSINESS
242-756 Holt Road No Andover Landfill Discussion
Mr. David A. Murphy, Department of Environmental Protection, appeared
before the Commission with an update of the closure of the landfill which the
Commonwealth inherited. They are almost complete with the first site
assessment. They are waiting for sampling results to come back. Then it
will go to bid in September. January to February they will cap the side
slopes of the landfill. 1997-1998 they will replace and reshape. Final
capping will be the,summer of 1999. They will file a Notice of Intent and
plan to be on the agenda July 24, 1996. There are 16 to 17 acres that need
to be capped. One issue is the work in the buffer zone along the stream
side. Storm water drainage is also an issue. A small portion of basin is
proposed to be within the resource area. The third issue is some area of
waste in the resource area is to be pulled out. He has coordinated with
Planning and the Town Manager to improve aesthetics. The property is at
Holt Road and Clark Street. He is seeking advice from the Commission
regarding the seed specifications
North Andover Conservation Commission
June 19,1996 2
Mr. Benjamin G. Siebecker of EMCON Environmental Services presented
plans. The site was flown in April for topography. The landfill is 18 acres.
Brook Creek is shown on the plan. The wetland areas are mapped out on
the plan. 150,000 cubic yards placed over landfill. Grading is 5 percent out
to edges. They propose to excavate the swale and that will allow flow to
sedimentation pond. The plan shows the test wells. The wells will remain in
tact. No heat treatment is to be done. The seed specification area was
discussed. The area is 100' x 20'. Eventually the swale will revegetate
itself, It will revert back to wetlands in approximately 10 years. The final
cover plan will be a low density polyethylene cover, beneath that is gas
venting, sand drainage layer, 1' of soil for vegetation.
Phase 11 consists of tree chips, recycled glass, 18" of clay from the Central
Artery Project, infiltration is minimized. The drainage structures were
discussed.
J. Lynch noted elaborate fill and stability of slope. Mr. Murphy stated that
every 25' there is a cut off to create a relief of storm water and significant
filtration. The side slopes are run through a stability analysis.
Mr. Henry Fink of Turnpike Street asked about water runoff to Borden
Chemical and other buildings in the area. Mr. Murphy responded that no
flooding problem will be created. A. Manzi stated culverts were put in.
Discussion Re: Notice of Intent to Convert Land Under Ch. 61A at Bradford
Street
M. Howard informed the Commission that the current owner of 60 acres of
land located off Bradford Street, all of which has been declared agricultural
land under Chapter 61A, intends to transfer 12 acres of said land out of the
trust which shall no longer be used for agricultural purposes. The 12 acres
is to be removed from Chapter 61A.
The Commission discussed the feasibility of purchasing the 12 acres. The
Conservation Commission would like to exercise its right to first refusal but
knows that a lack of funding prohibits making such an offer. M. Howard
stated that he would walk the site the Albert P. Manzi, III, Chairman of the
North Andover Conservation Conunission
June 19,1996 3
Open Space Committee. M. Howard stated that William Scott, the Director
of Community Development & Services will work to obtain grants.
242-761 , Sharpners Pond Road, Discussion
M. Howard requested the Commission table this Discussion as he has had
positive discussions with the owner. The Commission agreed to table.
242-634, 1737 Turnpike Street, Woodland Estates, Discussion
M. Howard informed the Commission that he performed a site inspection.
He required as-builts be provided. The Commission reviewed and approved
the as-builts. M. Howard stated the pond appears to be holding silt in.
Filing Fees, MA Association of Conservation Commissions Annual Dues
The Commission renewed the Massachusetts Association of Conservation
Commission dues for fiscal year 1997 (July 1, 1996 to June 30, 1997).
Chairman Lynch recommended that Michael Goriansky, Chairman of the
Trails Committee and Albert P. Manzi, 111, Chairman of the Open Space
Committee be included in this membership.
Motion by G. Reich to expend $370 from the filing fee account to renew the
MACC dues for fiscal year 1997, second by S. Masse. Vote* 4-0-0.
DECISIONS
242-792, Chestnut Street, Woodlea Village
M. Howard read the draft version of the Order of Conditions The
Commission discussed the Order.
Motion by A. Manzi to accept the Order, second by G. Reich. Vote* 4-0-0.
242-805, Lot 12 Sherwood Drive
M. Howard read the draft version of the Order of Conditions. The
Commission discussed the Order.
North Andover Conservation Commission
June 19,1996 4
Motion by A. Manzi to accept the Order, second by G. Reich. Vote: 4-0-0.
PUBLIC HEARINGS
242-815, 410 Forest Street, Lot 1 , Joseph Barbagallo, Jr._, Cont. from 6/5/96
J. Lynch stated DEP has provided the Commission with the # and
comments. There are no further outstanding issues.
Motion by G. Reich to Close the Public Hearing and Issue the Order of
Conditions within 21 Days, second by A. Manzi Vote: 4-0-0.
242- , 77 Sugarcane Lane, Lot 11, Mr & Mrs. Shaw, Cont. from 6/5/96
J. Lynch stated that the outstanding issues are the DEP # and comments.
Motion by A. Manzi to Continue to July 10, 1996 for DEP # and comments,
second by G. Reich. Vote: 4-0-0
242- , Merrimack College Campus, Richard F. Kaminski & Assoc.
Joseph Cushing addressed the commission. The proposal is for a modular
building with landscaping and associated utilities. A fence will also be
installed between Rte. 114 and Rte. 125. Four fence posts to be dug by
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with slats, about 40 feet.
M. Howard stated he cannot approve the line at this time as the flags have
to be re-labeled, soil data is needed, BVW data sheets are required, two
culverts are to be located and identified and the debris in the stream is to be
hauled out. M. Howard stated the fence could go through the manicured
lawn, not the wetland.
Mr. Cushing stated he will keep the utilities as close as possible to the
building. The location of lines cannot be significantly changed. Shifting the
fence closer to the building will create an alley way and create a
maintenance problem in the winter. Mr. Cushing stated he has a problem
with relocating the fence for safety M Howard requested the fence be
installed close to Rte. 114/125. Mr. Cushing responded that he has no
North Andover Conservation Commission
June 19,1996 5
problem with the fence at Rte 114/125, he contends he is complying with the
request of the Building Inspector. Mr. Cushing will subtract the fence from
the Notice of Intent.
M. Howard has no problems with the proposed building. G. Reich
questioned the water and sewer line in front of the building. Richard
Kaminski stated an alternate route would have to go around the Volpe
Center which is a longer distance and not practical.
Mr. Richard Garvey, 37 Foxhill Road, Andover, addressed the chair. He
stated he purchased his land 42 years ago and there were only two
buildings then. He is concerned with the open culvert which is
approximately 75 feet from his land. Mr. Garvey's concern is drainage. J.
Lynch stated the plan before the commission reflects improvements on the
opposite side of the campus. Further that the project places no impact upon
existing draiange. A. Manzi stated the commission can only deal with the
filing before them. A. Manzi informed Mr. Garvey the administrator will work
with him in dealing with any other concern outside of this filing.
Chairman Lynch stated the outstanding issues on this filing are the DEP #
and comments. Mr. Cushing stated his client should not be held up
because the DEP is behind in issuing comments. S. Masse stated the
commission will wait for the DEP comments. Mr. Cushing stated he wants a
document sent to his office stating the commission is waiting for comments
from the DEP. G. Reich stated the minutes will reflect the continuance
because the DEP # and comments are outstanding. Mr. Cushing stated he
has a problem with the DEP not the commission. M. Howard stated the
DEP does not want the commission to close without comments from the
DER BVW data sheets are required. M. Howard will review the line and
soils on site with Joseph Cushing.
Motion by A. Manzi to Continue to July 10, 1996, second by S. Masse. Vote:
4-0-0.
242- , 150 Flagship Drive, Across from Willow Street, Fugro East
Frank C. Monteiro, P.E. of MHF Design Consultants, Inc. addressed the
commission. The proposal is for the Channel Building Co., Inc. for the
North Andover Conservation Commission
June 19,1996 6
proposed construction of a 50,000 s.f. manufacturing facility, driveways and
parking, utilities and appurtenances within the buffer zone of wetlands. The
parcel is 9 acres. The wetlands were flagged by Fugro East last fall. The
storm drainage is collected on-site and discharged into the detention basin.
Scott Smires of Fugro East presented a supplemental package to the
commission. The wetlands lines were delineated by Steven D'Urso. The
site was visited today with M. Howard to confirm the boundaries. The
applicant wants to revegetate with fruit bearing shrubs and trees rather than
a gassy slope. The wetland replication area and plantings were discussed.
There is a 50' covenant restriction from Planning. G. Reich has a concern
regarding the trailer truck access to the loading dock. Mr. Greg Wiech of
Channel Building addressed the commission and presented a traffic plan.
G. Reich asked about trucks going off the pavement into the wetland. Mr.
Wiech stated there is a 25' radius. G. Reich stated he is concerned that
there is not much latitude for driveways. Mr. Wiech stated he could
eliminate some docks if necessary. G Reich stated that a retaining wall
could be used to provide adequate barrier and separation to maintain the
25' no-disturbance from wetland.
DEP # and Comments are outstanding as well as a review by the drainage
consultant. Robert Webster, the owner, requested an Order of Conditions
this evening. J. Lynch stated that the commission cannot issue an Order
without the DEP # and comments and the commission is also requiring a
drainage review. J. Lynch stated the commission does not have sufficient
information to close the public hearing. G. Reich stated the applicant should
provide plans showing the retaining wall and comply with the 25' no-
disturbance Zone. 'Mr. Wiech stated he would provide the plans showing
the retaining wall and asked about the 100' cutting of trees at the direction of
the administrator. G. Reich is opposed to cutting within 100' of a resource
area. Mr. Wiech stated he accepts the Bylaw and he won't cut the trees.
Budd Titlow, P.E. of Fugro East stated the DEP issued them a # over the
phone.
Motion by G. Reich to Continue to July 10, 1996, S. Masse. Vote: 3-0-1 . A.
Manzi abstained.
North Andover Conservation Conmvssion
June 19,1996 7
242- Joanne Drive / Donna Drive, Campbell Forest
Mr. Henry fink called for a POINT OF ORDER. He noted the commission
had only 3 members present; therefore, there is no quorum and the
commission cannot go forward with gathering testimony. The commission
agreed and decided to hold a Special Meeting on June 26, 1996. The
abutters are to be re-notified and a Legal Notice is to be placed in the Eagle
Tribune.
As' W. Wl Jr., Chairman