Loading...
HomeMy WebLinkAbout1996-09-04 Conservation Commission Minutes NORTH ANDOVER CONSERVATION COMMISSION September 4, 1996 700PM Senior Citizens' Center PRESENT Joseph W Lynch, Jr Albert P Manzi, Jr George L Reich Robert L Mansour Scott Masse STAFF Michael D Howard Donna Mae D'Agata Julie A Parnno Chairman Lynch called the meeting to order at 7 07 P M MINUTES August 7, 1996 Motion by George Reich to accept the Minutes of August 7, 1996, second by Albert Manzi Vote 4-0-0 Mr Mansour not present August 21, 1996 No action New Business 242-392, Lot 16, 79 Rocky Brook Road, Partial Certificate of Compliance Michael Howard addressed the Commission and stated the applicant is requesting a Partial Certificate of Compliance for Lot 16 Mr Howard stated the Order of Conditions expired May 6, 1996 The engineer, Neve Associates, was to have supplied information as ordered within the Order of Conditions Mr Howard stated that the Neve Associates submitted "the required information" The submitted information is incomplete and therefore unacceptable The as-built plan for the roadway and storm water management structures is incomplete, the floodplain is not reflected on the as-built, the existing inverts are not provided for the headwall, the as-built is not drawn at a scale identical to the Town's wetland maps (40 scale), subsurface utility routes are not shown, existing erosion control is not depicted Mr Howard provided photographs, representing encroachment into the 25' No- Disturbance zone, to the Commission Mr Howard stated he is not requesting the 1 r North Andover Conservation Commission September 4, 1996 Page 2 Commission to mandate restoration, he has no issues with this violation Wetland flags are being re-established Joseph Lynch stated the SFH as-built has numerous problems Mr Howard stated he sent a letter to Neve Associates, the engineer regarding the roadway/UTS as-built He stated that Julie Parrino is working on a follow-up letter to the engineer Mr Howard requested that the Commission deny the request for a partial certificate of compliance because of the outstanding issues specific to these as-built's George Reich recommended Peter Breen speak with Neve Joseph Lynch stated that Mr Howard's request is appropriate although he understands that Peter Breen has done nothing wrong Mr Howard stated that the replication is not complete, not enough surface area Scott Masse recommends issuing an Enforcement Order George Reich agrees as it will benefit the Act Albert Manzi agrees as well Peter Breen stated he started the road in 1990 He hot-topped in December of 1993 He stated he feels he has replicated all he had to and as far as the encroachment on this lot, he re-haybaled under the direction of Ms Parrino Mr Manzi stated the encroachment is not an issue Mr Manzi stated the issue is that Neve Associates has not provided proper documentation to the Commission as required by the Order of Conditions Mr Lynch stated the level of information needed to address any form of compliance is completely absent or lacking upon the "As-Built Plan" Mr Lynch stated that he will not grant a partial certificate of compliance until the ordered information is provide to the Commission and determined to be accurate and correct Motion by George Reich to DENY the request for a Partial Certificate of Compliance as the plan is inaccurate and lacking in detail and wetland replication remains incomplete, second by Albert Manzi Vote 4-0-0 Mr Mansour not present An enforcement order was discussed Mr Howard suggests that the letter be incorporated into the enforcement order to carry out the conditions not complied with Joseph Lynch stated he would entertain a motion to issue an enforcement order allowing replication to'occur now Mr Howard stated a replication plan is needed before any attempt at replication is made Replication area locations were discussed Mr Howard requested that a complete wetland replication plan (prepared by a qualified wetland biologist) be submitted no later than September 17, 1996 Motion by Albert Manzi to issue an Enforcement Order to submit a complete wetland replication plan and report no later than September 17, 1996, in addition, outstanding issues specific to the subdivision as-built plan shall be resolved no later than September 17, 1996, second by George Reich Vote 4-0-0 Mr Mansour not present North Andover Conservation Commission September 4, 1996 Page 3 Joseph Lynch stated all remaining issues will be handled administratively by Mike Howard Peter Breen will discuss compliance issues with Thomas Neve George Reich stated he does not want the staff spending too much time with letters to the engineer when the engineer does not respond Noted for the record is that of late applicants, contractors, and their engineers have been occupying an inordinate amount of the Conservation Administrator's time by submitting incomplete and inaccurate information Albert Manzi stated that any additional requests of the Commission should be sent to the engineer Offering an excuse as to incomplete and inaccurate information contained on the "As-Built Plan", John Morin of Neve Associates stated the Order of Conditions is not specific with respect to Lot 16 Inasmuch as Mr Morin's comments to the Commission continued to discuss the issue after the vote to DENY was taken, Mr Lynch gaveled Mr Morin out of order as there is no discussion after a motion is made, seconded and voted on. 242-725, 37 Anne Road, Certificate of Compliance Michael Howard addressed the Commission and informed them that this is an administrative issue where the Order of Conditions was recorded twice at the Registry of Deeds Motion by George Reich to Issue a Certificate of Compliance, second by Albert Manzi Vote 4-0-0 Mr Mansour not present Robert L Mansour arrived at 7 30 P M 242-755, Osgood Street, Map 36, Parcels 3 & 17, Modification The engineer from Judith Nitsch Engineering addressed the Commission He is requesting a Modification to the Order of Conditions in order to re-grade the south slope of the Main Access Drive from Station 16 + 50 and 20 + 50 The grading will not encroach into the 25' no-disturbance zone The engineer displayed the plan for the Commission's review Motion by George Reich to Issue a Minor Modification to the Order of Conditions, second by Albert Manzi Vote 4-0-1, Robert Mansour abstained 242-729 Lots 3AA & 4A Winter Street Modification Scott Giles addressed the Commission He stated that the driveway was placed too close to the buffer zone (within 16') Mr Howard provided photographs of the site to the Commission Julie Parrino stated she inspected the site and found that the driveway is North Andover Conservation Commission September 4, 1996 Page 4 closer to the buffer zone than what the plan represents She recommends restoration along the side of the driveway Steven Doherty, Sr stated hydroseeding was done last week Albert Manzi asked Mr Doherty what was the start-up date Mr Doherty responded one and one-half months ago Mr Doherty stated the house has been sold Albert Manzi stated that the Order of Conditions mandates that wetland replication be done first A plan for replication was never submitted Julie Parrino stated that Steven D'Urso needs to be on the site to verify hydrology Albert Manzi stated that replication is be undertaken first as required by the Bylaw and clearly restated in the OCC for the project Mr Manzi stated he is not anxious to see a Modification for the driveway error unless he sees a successful replication area constructed Robert Mansour stated that the driveway is located incorrectly in the field and is a clear violation Mr Doherty concurs that it is clearly an encroachment into the 25' no-cut zone Scott Masse feels this issue is beyond a minor modification and that the issue needs to be addressed by filing a new notice of intent Joseph Lynch stated the fact that there is a steep slope on the left side of the driveway and the wetland and replication area is located on the right side will increase the likelihood that snow will be plowed toward and stockpiled within the wetland Michael Howard recommends an Enforcement Order mandating a cease and desist for all protect related activities referencing a completion date for wetland replication plan and replication area construction Motion by George Reich to Issue an Enforcement Order informing the property owner to immediately cease & desist from further activity, applicant's biologist shall meet with Conservation Dept staff at 4 00 P M on Friday 9/6/96, and wetland replication must be in compliance no later than 9/17/96, second by Albert Manzi for discussion Robert Mansour stated that that is not a lot of time of the Conservation Administrator to review the plan and/or work area Joseph Lynch stated that the issue of timing is not Mike Howard's predicament and that it is incumbent on the applicant to meet the time line stated within the motion should it be favorably voted Vote 5-0-0 Michael Howard recommends that the Commission approve a Minor Modification to the Order of Conditions to restore the area Motion by Robert Mansour to Issue a Minor Modification to the Order of Conditions approving the relocated driveway, second by Albert Manzi for discussion Mr Manzi stated this issue does not have to be dealt with tonight Michael Howard recommends granting a Minor Modification Vote 3-2-0 George Reich and Scott Masse opposed North Andover Conservation Commission September 4, 1996 Page 5 242-441, Forest Street, Lonq Pasture, Conservation Restriction Application Form Michael Howard presented the Conservation Restriction Application Form to the Commission for execution The draft of this document has been reviewed by Town Counsel Counsel's comments have been incorporated into the document now before the Commission Motion by George Reich to Ratify the Conservation Restriction Application Form, second by Albert Manzi Vote 5-0-0 PUBLIC HEARINGS Notices of Intent 242-822, 12 Massachusetts Avenue, Mobil Oil Corporation, Continued from 8/21/96 The Commission conducted a site walk on August 28, 1996 The Commission is concerned with the close proximity of the proposed building to the bank of the Shawsheen River, existing erosion along the river bank, re-configuration of the lot and off-site runoff Joseph Lynch stated he agrees that the proposed site grading will not worsen the existing erosion concern along the river bank however, sheet flow run-off from a gas station directly to a river is not desirable The engineer stated that if the Town of North Andover were to develop a bank stabilization program, Mobil Oil would contribute to it He stated that it is not in Mobil Oil's best interest to have the bank erode If they come up with a plan in the future to stabilize, they will Mr Michael Kasabuski of Royal Crest Drive asked if the site is eroding Albert Manzi informed Mr Kasabuski of the location and the height of the river Mr Kasabuski stated he feels gas stations should be 1,000 ft from a river and testing should be mandated Joseph Lynch stated that the developer is proposing a reduced impact (i a service station to be eliminated Albert Manzi stated the plan shows there are a number of monitoring wells present on-site Motion by Albert Manzi to Close the Public Hearing and Issue an Order of Conditions within 21 days, second by George Reich Vote 5-0-0 242-821, Lot 8B Summer Street, SFR Realty Trust, Continued from 8/21/96 Steven Saraceno of Neve Associates submitted the revised plan which reflect the outstanding issues along with drainage calculations and a letter regarding downstream flooding George Reich asked about the increase/decrease to abutters which was to be North Andover Conservation Commission September 4, 1996 Page 6 shown in the report Mr Saraceno stated that the numbers are to the hundredths Joseph Lynch stated the hydro-analysis is more appropriately applied to larger sites and that the inaccuracies in the analytical model are greatest at smaller basin sizes Mr Saraceno submitted the hydrologic study to the Commission with a professional engineer's (Thomas Neve's) stamp on it Joseph Lynch asked about the status of confirmation of delineation of wetlands Michael Howard responded that the wetlands in the back yard were delineated by vegetation only The wetland line has been reviewed, confirmed, and accurately shown on the plans All outstanding issues have been addressed There are no abutters present Motion to Close the Public Hearing and Issue an Order of Conditions within 21 days, second by S Masse Vote 5-0-0 242-826 25 Jerad Place Road Lot 44 David Bardwell Chairman Lynch stated that Mr Bardwell was before the Commission on July 10, 1996 and the Commission allowed him to perform minor clearing to alleviate an insect problem At that time he was advised to hire a professional exterminator to assess and spray the area Plans of the Bardwell Lot were referred to The plan requests that the Bardwells be allowed to clear vegetation to within 6' of the wetland at its closest point Mr Bardwell stated that the services of a professional exterminator did not cure the insect problem Mrs Kathy Bardwell stated she is afraid of bug bites and she has three small children Albert Manzi asked if the exterminator provided a letter to the Bardwells Mr Manzi stated that in order to grant a waiver, the Commission needs to see a detailed analysis that determines that the problem at the Bardwell home is unique, or uncommon to any other home The Commission would have to show why the problem is different from everyone else in town before it acts on granting a waiver to the 25' no- cut provision of the Wetland Bylaw Mr Bardwell provided the Commission with a summary sheet from Terminix outlining the treatment of insects The summary sheet stated that the company recommends cutting trees that overhang the house and cut back brush as far as possible Mrs Bardwell stated she is constantly cleaning here home of insects Mr Bardwell stated the smoke alarms in his home were set off by ants and the problem is continuous Joseph Lynch stated the Bylaw has provisions for a 50' no-build zone and a 25' no-cut zone and the Commission holds that sacred Mr Lynch pointed out that the matter before the Commission should clearly demonstrate what result is had when the 50' No- Build provision is waived and the 25' No-Disturbance zone is maintained The North Andover Conservation Commission September 4, 1996 Page 7 circumstance permits houses located closer to the wetland resource area and all its inhabitants, ducks, geese, mammals, reptiles, and yes, insects Mr Lynch stated that to now waive the No-Disturbance provision would not be in the interest of the Wetland Bylaw Mr Lynch stated the Bardwell problem is difficult to waive without due cause and so far that cause has not been demonstrated to the Commission Mr Lynch stated he is reluctant to grant a waiver without a measurable, direct benefit to the safety of the occupants of the Bardwell home The information presented does not address safety issues and the sightings are not confirmed Robert Mansour stated that Mr Bardwell's lot has more of a wetland area than any other in the area There are no abutters present Motion by Robert Mansour to Continue to September 18, 1996 to allow the applicant to obtain more information, second by Albert Manzi Vote 4-1-0 Scott Masse opposed Albert P Manzi, Jr left the meeting 242-824 300 Granville Lane Lot A Steven E Mason Steven Mason addressed the Commission The request is for grading and landscaping the rear of the house outside the 25' no-cut zone, adding decks to the rear of the house outside the 50' no-build zone and widening and paving the existing driveway Julie Parrino stated she advised Mr Mason to provide a plan of the proposed alterations for review The former N01 filing for the property did not require a paved driveway Mr Mason is seeking to widen the existing driveway Michael Howard stated the wetland line as shown has been approved No waivers are being sought Michael Howard stated a trench or swale along the limit of work should be installed Mr Mason does not intend to clear beyond the limit shown on the plan Mr Mason is to provide Michael Howard with additional trench information George Reich stated this filing could have been submitted as a Notice on Non-Significance Mr Howard disagreed as work was within close proximity to wetlands and impervious surface was to be added Mr John Wilensia of 219 Granville Lane reviewed the plan He believes the land where the driveway is depicted belongs to him Mr Mason stated that he had the land surveyed Scott Giles (the surveyor of record) stated there is an access easement on Mr Wilensia's lot The easement is not shown on the plan as it exists on an abutting property The driveway shown on the plan is on Lot A (the subject property) not in the easement on the Wilensia parcel Margaret Doherty of 1365 Salem Street and Margaret Giordano of 265 Granville Lane expressed their concern with the buffer zone Joseph Lynch responded that the project is not any closer to the buffer zone Michael Howard stated the proposed deck and limit of clearing are within the permitted areas North Andover Conservation Commission September 4, 1996 Page 8 Mrs Giordano stated she does not want any bugs or water on her property because of the project She asked'about a culvert Mr Howard stated that the Order of Conditions will require that a swale be installed, a culvert is not necessary Motion by Robert Mansour to Close the Public Hearing and Issue an Order of Conditions within 21 days, second by Scott Masse Vote 4-0-0 242-825, Wild Rose Drive & Holly Ridge Road, Elm Service Corp Curtis R Young of Wetlands Preservation, Inc addressed the Commission The NOI filing is at the request of the Commission as it addresses substantial construction work not yet completed under an expired Order of Conditions The proposed work includes regrading an existing detention pond, removing an existing stone berm and the creation of a 5,000 s f wetland replication area The erosion control is to be pushed out 5 to 10 feet from where it is now located The discharge pipe from the Detention pond is to be enlarged The planting plan and sequence of construction is described in detail within the Notice of Intent Mr Young informed the Commission that Toll Brothers, Inc is the owner not Elm Service,Corp This change is duly noted and determined to be a minor informality for purpose's of public notice The proposed replication area is 2 1 Michael Howard stated that the DEP # and comments have been received Mr Howard recommends closing the public hearing Motion by George Reich to Close the Public Hearing and Issue a Decision within 21 days, second by Robert Mansour Vote 4-0-0 242-827, 282 Blue Ridge Road, Lot 52, Peter Tyrrell Scott Giles addressed the Commission The request is for the removal of vegetation, excavation and grading within 100' of the buffer zone Michael Howard stated the wetland delineation has been approved DEP # and comments have been received The plan was reviewed Photographs were reviewed Motion by Robert Mansour to Close the Public Hearing and Issue a Decision within 21 days, second by George Reich Vote 4-0-0 DECISION 242-823, Lot 6B Salem Turnpike, Riding Realty Motion by Robert Mansour to accept the draft decision, second by Scott Masse Vote 3-1-0, George Reich opposed " North Andover Conservation Commission September 4, 1996 Page 9 ADJOURN Mqtion by R M " sour to adjourn, second by Scott Masse J s W ync Jr Chairman