Loading...
HomeMy WebLinkAbout1996-09-18 Conservation Commission Minutes w North Andover Conservation Commission September 18, 1996 700 PM Senior Citizens' Center PRESENT Joseph W Lynch, Jr Albert P Manzi, Jr George L Reich Deborah Feltovic Joseph Mottola Scott Masse STAFF Michael D Howard Donna Mae D'Agata Julie A Perrino Chairman Lynch called the meeting to Order at 7 00 P M MINUTES August 21, 1996 and September 4, 1996 Motion by Mr Manzi to accept the minutes of August 21, 1996 and September 4, 1996, second by Mr Masse Vote 6-0.0 NEW BUSINESS 242.660, Lot 24A Tanglewood Lane, Extension to Order of Conditions and 242.665, Lot 23A Tanglewood Lane, Extension to Order of Conditions Mr Howard addressed the NACC The Orders of Condition for these NOI's were issued September 24, 1993 The applicant, David Kindred, is seeking one-year extensions to each permit The approved plan calls for two driveways Mr Kindred's request for an extension proposes to make use of two separate driveways Mr Howard prefers a common driveway as it would likely reduce wetland alteration by approximately 50 percent A common driveway could be specified if the NACC grants the requested extension Mr Howard stated that the NACC has three options 1) approve the request for the extensions, pending wetland delineation, 2) deny the extension request and have the applicant file a new Notice of Intent, or 3) grant the extension with a modification which will result in less wetland impact (I e a single common driveway) Mr Masse stated that he considers the third choice as the best alternative of the three Mr David Kindred stated that the one year extensions would give him enough time to complete the work Mr Kindred gave a history of the site The disposition of the property is currently held up in land court Mr Howard stated that current wetland delineation must be confirmed Regarding the single driveway crossing, Mr Lynch stated Mr Kindred could file for a Modification and he would vote to consider it a Minor Modification There would be 1,600 feet of replication Alternatively, Mr Lynch stated the Order could be revised under a granting of Extension such that the Modification for a single driveway is required Noted in these proceedings is the fact that Mr Kindred is not yet the owner of these parcels of land Mr f North Andover Conservation Commission Page 2 September 18, 1996 Kindred controls the land through a Purchase and Sales Agreement with the owner/applicant Wintergreen Realty Trust is the owner of record and is not present at the hearing Wintergreen Realty Trust did not provide the NACC with any verbal or written information authorizing Mr Kindred to act on its behalf before the NACC Mr Kindred stated that he filed for the Extensions on behalf of the applicant Mr Kindred stated that he has repeatedly tried to contact Wintergreen Realty Trust and has faded in doing so Mr Lynch stated that Mr Kindred has nothing less than an exemplary reputation with the NACC However, the NACC must act carefully in considering the request for an Extension to an OCC granted to another party, when the other party is still the owner of record and is not present to make such a request Further, that the owner of record has faded to provide the NACC with proper evidence extending or transferring its authority to Mr Kindred in representing its interest before the NACC Mr Lynch, noting a lack of proper authority granted to Mr Kindred by the Owner /Applicant, cited that the NACC must consider a request of the ownerlapplicant, not a third party, which Mr Kindred is in this case By considering Mr Kindred's request, without the expressed authorization of the ownerlapplication, the NACC could be taking action against the will of the landowner, who holds distinct fiduciary interest in the land and all its permits The original applicant was Frank DeNuccio, trustee of the Wintergreen Realty Trust Mr Howard stated that if the NACC granted the Extensions for 60 days, re-delineation could be accomplished Motion by Mr Reich to Issue an Extension to the OCC for 60 days contingent upon receipt of written verification from the owner that the applicant is requesting such extension, second by Mr Manzi for discussion Given the discussion regarding ownership and development rights Mr Howard recommends denying the extensions to the OCC's thus allowing them to expire Mr Kindred stated he prefers to go through proper procedures of the NACC and he will come before the NACC in the future with an N01 requesting a common driveway Mr Mottola recommends allowing the Orders to expire as does Mrs Feltovic Mr Reich asked if the NACC could grant Extensions for 60 days and ask for a Modification Mr. Howard prefers a common driveway not two driveways Mr Manzi recommends allowing the Orders to expire Mr Howard again recommends denying the Extensions Mr Reich withdrew his Motion, Mr Manzi withdrew his second Motion by Mr Masse to Deny the Extensions to the Orders 242.660 and 242.665, second by Mrs Feltovic for discussion Mr. Reich stated he is not comfortable denying the Extensions and making the applicant file a new NOI North Andover Conservation Commission Page 3 September 18, 1996 Mr Masse withdrew his Motion, Mrs Feltovic withdrew her second Mr Howard feels a more specific condition could be included in the Extensions Mr Manzi stated the wetlands are not delineated Mr Manzi referred to Paragraph B, Section (a) of the Bylaw which reads "No request for an Extension will be granted unless the wetland is either re-flagged, or the original approved flagging is re-established in the field The NACC may require a new filing, or the re-opening of the public hearing if the wetland delineation has changed from the original submittal " Mr Howard has a problem with the two driveways because of an impact by a wetland crossing He prefers a single common driveway as it would minimize impact upon the wetland resource area Motion by Mr Masse to Deny the Extensions to the Orders, (242-600 and 242-665), second by Mrs Feltovic Vote 3-2.0 Messrs Manzi and Reich opposed 242.265, Wintergreen Realty Trust, Partial Certificate of Compliance, Lots 23 & 24 Recommendation by Mr Howard to Issue a Partial Certificate of Compliance for Lots 23 and 24 Motion by Mr Manzi to Issue a Partial Certificate of Compliance for Lots 23 and 24 only, second by Mr Mottola Vote 6.0.0 242.794, 228 Forest Street, Certificate of Compliance Recommendation by Mr Howard to Issue a Certificate of Compliance Motion by Mr Manzi to Issue a Certificate of Compliance for 228 Forest Street, second by Mrs Feltovic Vote 6.0.0 242-324, Lot 31#10 Ironwood Road, Partial Certificate of Compliance Recommendation by Mr Howard to Issue a Certificate of Compliance Motion by Mr Reich to Issue a Partial Certificate of Compliance for Lot 3 only, second by Mr Manzi Vote. 6-0-0 242-593,_Lot 8, 187 Old Cart Way, Partial Certificate of Compliance North Andover Conservation Commission Page 4 September 18, 1996 Recommendation by Mr Howard to Issue a Partial Certificate of Compliance Motion by Mr Manzi to Issue a Partial Certificate of Compliance, second by Mr Reich Vote 6.0.0 242.627, Lot 15 Carriage Chase, Enforcement Order Ms Parrino addressed the NACC and informed them that the Original Order of Conditions has expired An Enforcement Order was previously issued allowing the applicant to complete the work The site is not yet stable Ms Parrino suggested that the Commission issue another Enforcement Order to allow the work to continue, as this would be in the best interest of the NACC Ms Parrino requests replacements of the hay bales Mr Masse stated he has a problem with issuing Enforcement Orders to allow the applicant to complete work Mr Lynch stated he has seen progress at this site Mr Manzi recommends doubling up on the hay bales to provide proper level of siltation control Mr Wdner, the applicant, stated he anticipates the site will become stable by mid-October Motion by Mr Manzi to Issue an Enforcement Order expiring May 21, 1997, second by Mrs Feltovic for discussion Mr Reich recommends mandating work to be completed by May 21, 1997 Mr Manzi amended his Motion to include in the Enforcement Order mandating work to be completed by May 21, 1997, Mrs Feltovic seconded the amendment Vote on the Amendment 5.1-0 Mr Masse opposed Vote to Issue an Enforcement Order to expiring May 21, 1997 and mandating work to be complete by May 21, 1997 5-1.0, Mr Masse opposed DECISIONS 242.821, Lot 8B Summer Street, SFR Realty Trust The draft Order of Conditions was reviewed by the NACC Motion by Mr Manzi to Accept the Draft Order of Conditions, second by Mrs Feltovic Vote 6.0.0 242.827, 282 Blue Ridge Road, Lot 52, Peter Tyrrell North Andover Conservation Commission Page 5 September 18, 1996 The draft Order of Conditions was reviewed by the NACC Motion by Mr Reich to Accept the Draft Order of Conditions, second by Mr Manzi Vote- 6.0.0. DISCUSSION The NACC discussed changes to the Wetlands Protection Bylaw and the Wetlands Regulations. Recommendations are to be put on the Town Warrant for Town Meeting in May Motion by Mr Reich to establish a sub-committee to review the Bylaw and recommends Scott Masse be appointed Chairman and Albert P Manzi, Jr, Vice-Chairman, second by Mrs Feltovic Vote 6.0.0 PUBLIC HEARINGS Requests for Determination Lot 16 Sherwood Drive, Timberland Builders, Inc Steven Saraceno of Neve Associates appeared before the NACC Work to be done includes installation of a foundation drain and clearing on the site There will be no grading from the 150' contour line The commission reviewed the plan Mr Howard stated he has no issues Motion by Mr Reich to Issue a Negative Determination with Erosion Controls, second by Mr Manzi Vote 6- 0.0 Rea Street, Map 38, Lot 62, Richard Romano Mr. Steven Stapinski of Merrimack Engineering appeared before the commission Mr Romano is present The wetland delineation data sheets have not yet been provided. Mr Howard has not yet approved the plan Mr Stapmski requested a continuance to October 2, 1996 in writing Chairman Lynch informed the abutters that in order for the proceedings to move forward the wetland line has to be verified It has not been verified therefore a continuance is in order Motion by Mr Reich to Accept the Applicant's request to Continue to October 2, 1996, second by Mr Manzi Vote 6-0.0 Notices of Intent North Andover Conservation Commission Page 6 September 18, 1996 242.816, Joanne Drive I Donna Drive (Campbell Forest Subd ), Continued from 8121/96 Steven Stapinski of Merrimack Engineering provided revised plans to the NACC Mr Stapinski stated that the commission continued this hearing to this date so that the town consultant could have time to review the drainage calculations and the flagging locations The submitted plans reflect the latest revisions resulting from prior discussions There are six modifications made to the plans Adele Fiorillo of Wetlands Preservation, Inc is present and addressed the commission regarding Wetland Resource Area E and Area N Mr Howard stated the significance of Areas E & N and therefore recommends that all effort be made in protecting these areas Mr Stapinski agreed to make revisions to the plans in order to provide the proper level of protection. Mr Stapinski stated that there were no changes to Sheets 3 and 19 A couple of flags were relocated Sheet 4 was discussed There is a boundary of Double 'U' (or "UU") series and additional flags 'ZZ', 'MM', and 'LL' lines do not have any impact on the roadway The proposed septic systems meet the required setback distance. Ms Fiorillo stated that the 'DD' series are Jurisdictional under the Town ByLaw Mr Howard requests that the NACC mandate the 25'150' be achieved for all lot development Mr Stapinski stated that drainage calculations will not change by the now necessary changes The wetland mitigation plan should not change that much Mr Howard stated the proposed roadway will alter the wetlands in two or three locations There are no additional crossings Mr Stapinski stated there will be no new wetland crossings Mr Lynch stated�he takes exception to the driveway crossings at Lots 1 and 3 Mr Stapinski stated the previous filing had eliminated another roadway access and that the proposed crossing for Lot 1 & 3 is a lesser impact than that previously proposed Mr Lynch stated that a developer is not assured a "maximum buddout" of every part of a property and that multiple wetland crossings pose impact to resource areas regardless of there being a proposed "lesser impact" than a previous un-approved plan The previous plan was discussed Houses were moved along with septic systems Chairman Lynch stated the only access to the upland "island" is through the crossing Mr Stapinski stated he is not proposing a road crossing He is proposing a driveway The total wetland alteration is 1,929' of filling Total BVW replacement for both Donna Drive and Joanne Drive is 4,448 s f. Mr Howard stated the filling is accurate However, the revised plan has to be reviewed as to additional impacts Ms Fiorillo stated the reason for the Limited Project request is for the bank impacts Mr Howard stated the applicant is not exceeding the permissible BVW crossing Mr Howard stated it is an intermittent stream At Lots 1 and 3, the resource area is up against a breaking slope There is no vegetation in stream channel Mr Lynch asked Mr Howard if he is confident that the proposed driveway crossing is in the most advantageous location, posing the smallest wetland impact Mr Howard stated that it is Mr. Stapinski stated he would revise the plan and will address any hydrologic impacts Mr Howard stated North Andover Conservation Commission Page 7 September 18, 1996 the town's consultant has done little review It would be beneficial to stop the consultant's review and wait for Mr Stapinski to revise the plans before resuming the review Mr Howard stated the wetland delineation for the entire site is now done Mr Howard recommends the NACC conduct a site walk to garner a full understanding of the proposed development Mr Lynch stated he recently underwent a FEMA Audit and he is now aware that the NACC has various options to define the limit of any floodplain as it affects a particular application FEMA requires and the Act endorses 10 57(2)(A)(3), That if the FEMA floodplain is not established, The floodplain elevation is to be determined and reflected on this plan Mr Lynch also requests that the elevation of the BLSF be developed and reflected upon the plans The drainage consultant will review the analysis The commission discussed the FEMA Map and the video that was shown at the August 21, 1996 meeting Mr Stapinski stated there is no conflict with the FEMA Map Mr Reich stated the conflict is FEMA data conflicts with the video The area is designated as FEMA Zone X. Mr Stapinski stated he will do the FEMA analysis as a matter of courtesy not as a conflict Mr. Reich stated the applicant does not have to go off-site unless required by the analysis Mr Lynch stated that the Applicant will perform whatever level of analysis is required to satisfy requirements under 10 57(2)(A)(3), regardless if upstream, downstream, or off-site modeling is resultant or not Mr Howard recommends the NACC continue this hearing to October 2, 1996 Mr Manzi recommends continuance to October 16, 1996 The NACC scheduled a site walk for Saturday, September 28, 1996 at 9 00 am Motion by Mr Manzi to Continue to October 16, 1996, second by Mrs Feltovic Vote B-0.0 242.820, 216 Raleigh Tavern Lane, Lots 22, 33, 36, 37, 38 & 103, Continued from 8/21/96 Mr. William Manuell of Hancock Environmental Consultants addressed the commission He submitted revised plans to the commission Mr Howard stated he is satisfied with the technical aspects of the filing A pre- fabricated concrete wall is proposed at the wetland crossing Joseph Serwatka stated that the wall is a split-faced masonry block wall Wetland data sheets were submitted Wetland flagging was revised The 25' no-disturbance zone is maintained Mr Howard has approved the wetlands shown on the plan Mr Howard stated he has but one issue with the filing Design of the detention pond as proposed appears to provide a decreased post development runoff rate However, given the "flatness" of the pond and adjacent areas to pond may not function properly as a wetland resource Mr Serwatka stated the invert at the 'V' notch is at 106 05 The wetland is at 106 The commission is satisfied that the primary function of the detention areas North Andover Conservation Commission Page 8 September 18, 1996 is stormwater management and that the ponds function as such is adequate Mr Lynch is satisfied with the proposed wetland crossing techniques The only outstanding issue is the drainage Mr Howard stated he feels all issues have been resolved except for the consultant receiving the response from Hancock Mr Howard recommends continuing the hearing to October 2, 1996 Mr. Serwatka hopes to receive a letter from the Town's consultant by October 2 Motion by Mr. Manzi to Continue to October 2, 1996, second by Mrs Feltovic Vote 6.0.0 242.826, 25 Jerad Place Road, Lot 44, David Bardwell, Continued from 914196 Mr Howard stated that this hearing was continued to allow for additional correspondence from Mr Bardwell showing due cause why the No-Disturbance zone should be waived Mr Bardwell stated that Terminex can't guarantee bug control unless he can clear the shrubs and trees Mr Reich asked Mr Bardwell if he has foundation plantings Mr Bardwell responded in the affirmative and stated that Terminex can control those plantings Mr Bardwell stated that Terminex will not return to spray as it can be hazardous. Mr Lynch stated that the DEP has no issues as the matter pertains to the No Andover Wetland Bylaw Mr Lynch stated that he to has noticed more spiders in his home this year and he is away from the wetland He stated that insect problems cannot be completely mitigated by solely by cutting vegetation Mr Lynch stated he will not waive the 25' No-Cut zone Mr Reich concurs with Mr Lynch and stated he is concerned with setting a precedent Mr Mottola suggests cutting some shrubs in order to lessen impacts from spraying Mr. Howard stated the tree stumps are in the 25' no-cut zone There area already two waivers for this site Mr Lynch asked Mr & Mrs Bardwell if the children are allergic to bees or other insect bites. The Bardwells responded that they do not know for sure. Mr Mottola stated he wants to allow clearing in the buffer zone Mr Lynch recommends a site walk A site walk is scheduled for Tuesday, September 24, 1996 at 6 00 P.M. Motion by Mr Manzi to Continue the hearing to October 2, 1996, second by Mr Reich. Vote 5.0-1 Mr Masse abstained 242-828, 488 Sharpner's Pond Road, John Davenport Ms Parnno stated she issued a Violation Notice to Mr. John Davenport for grading and clearing within 100' of a wetland resource area and clearing within 25' of a bordering vegetated wetland The Violation Notice directed Mr Davenport to file a Notice of Intent for the restoration of the buffer zone and the construction of a horse paddock Ms Parrino stated the applicant has been cooperative and the 25' No-Disturbance Zone North Andover Conservation Commission Page 9 September 18, 1996 has been reestablished The intent of the applicant is for the grazed area to be for horses only The fence is made of PVC. The corral will be outside the 100' buffer zone The area will be used at a minimum The area inside the buffer zone will be for grazing There are no abutters present Motion by Mr Reich to Close the Public Hearing and Issue an Order within 21 days, second by Mrs Feltovic. Vote 6.0.0 242-829 Holt Road Landfill Commonwealth of Massachusetts DEP Mr Paul Emond and Mr Ben Zemand of the DEP, Boston office, appeared before the commission A plan was displayed The plan is for the Phase I closure of the Holt Road Landfill. The plan reflects drainage features The wetland line shown on the plan is in error and a new plan was provided depicting the properly wetland line There will be a collection unit built in to capture any leachate The DEP provided the commission with calculations and design reports The channel will allow for infiltration to occur The amount of wetlands is along the edge in the area of a 500 s f. range. Water quality is expected to improve Construction is to be late summer or early fall using the drainage controls which are in place Mr Kasabuski, a resident at Royal Crest Drive, asked the engineers to review the project The engineer informed Mr Kasabuski that the Commonwealth of Massachusetts ordered landfills to close and the Town of North Andover sought out and received assistance from the DER in the proposed closure He gave Mr Kasabuski a brief history of the site They will place impermeable layer over the landfill Then a vegetative layer Mr Kasabuski asked if a soccer field could go there The engineer stated that a risk assessment would have to be done prior to any proposed reuse of the land Mr Lynch stated that the discussion before the commission is what levels of wetland protection are provided by under the proposed project (landfill closure) not any potential future use of the site Mr Howard stated that a 401 water quality certificate may be required Mr Howard stated he has to review the plans and as such he recommends a continuance The engineer stated the wetland delineation was done last year The wetland line on the plan was discussed The plan showing the trash area was discussed The trash is approximately 30 years old The area could be used as a wetland area Mr Manzi and Mr Reich feel this filing should be expedited as the proposed project clearly provides a superior benefit by properly closing an "abandoned" landfill Mrs Feltovic agrees Mr Howard stated the NERO•DEP information is still outstanding � • i North Andover Conservation Commission Page 10 September 18, 1996 Motion by Mr Masse to Continue to October 2, 1996, second by Mr Manzi. Vote- 6 0.0 DECISIONS 242.822, 12 Massachusetts Avenue, Mobil Oil Corporation The draft Order of Conditions was reviewed by the NACC Motion by Mr. Reich to Accept the Draft Order of Conditions, second by Mrs Feltovic Vote 6.0.0. 242.824, 300 Granville Lane, Lot A, Steven E Mason The draft Order of Conditions was reviewed by the NACC Motion by Mr Reich to Accept the Draft Order of Conditions, second by Mr Manzi Vote 6.0.0 242.825, Wild Rose Drive & Holly Ridge Road, Elm Service Corp The draft Order of Conditions was reviewed by the NACC Motion by Mr Manzi to Accept the Draft Order of Conditions, second by Mrs Feltovic Vote 6.0.0 RESIGNATION Donna Mae D'Agata announced that she has been selected for a new position within the North Andover Community Development Office Her new duties require that she depart her position as secretary to the NACC She stated that her time with the Commission has been wonderful and that she will miss us all Mr Lynch stated that our (the NACC) loss is Donna Mae's gain Donna Mae's new lob allows her a more challenging environment, better hours, and better pay, all of which she justly deserves Mr Lynch stated to Donna Mae that she has served the commission with distinction and will be sorely missed as she provided a aspiring level of professionalism and order to our proceedings All members of the NACC concurred with Mr Lynch's remarks Mr Lynch inquired of Mike Howard as to the status and timing of filling Donna Mae's position Mike stated that Donna Mae would be providing support to the Commission until a replacement is found The position has been posted and is expected to be filled in the coming few weeks Mr Lynch stated his concern that the J j North Andover Conservation Commission Page 11 September 18, 1996 director of "Office of Community Development and Services" needs to be aware that Donna Mae provided a huge service to our function And that our loss of her service places a huge burden upon other members of the NACC staff The current work load is so severe that it is unreasonable to presume that Mike Howard or Julie Parrino could absorb Donna Mae's work load Mike and Julie are our eyes and ears in the field and that by their being pressed into office work diminishes their essential primary function ADJOURN Motion by MW zi o ad rn, second by Mrs Feltovic Vote 6-0.0 I 4 1 lww-LyrUh VV