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HomeMy WebLinkAbout1996-10-02 Conservation Commission Minutes North Andover Conservation Commission October 2, 1996 700 PM Town Hall Library Conference Room PRESENT Joseph W Lynch, Jr Albert P Manzi, Jr Joseph Mottola Scott Masse STAFF Michael D Howard Donna Mae D'Agata Julie A Parrino The Public Hearing posted for the Senior Citizens' Center was moved to the Town Hall Library Conference Room as there were no tables in the Center Chairman Lynch called the meeting to Order at 7 00 P M MINUTES September 18, 1996 No action NEW BUSINESS 242.721, Modification, Lots 1.6 Salem Street (Pinewood/Woodchuck) Mr Geoff Andrews of Wetlands Preservation, Inc presented revised plans dated September 30, 1996 The applicant is requesting a modification of the wetland replication area and permission to utilize the faded area as a sedimentation basin for the winter months, the area will be restored upon completion of construction activities and final replication activities would take place the following spring "Wetland Replication Area 'A"' was graded in 1994 In order to meet the performance standards a design change was necessary WPI re-flagged area 'X1'1 to 'X6' They pulled the line down gradient 10' to 25' and lowered the final elevation approximately 6' Mr Andrews stated that Stephen Stapinski came up with an area for sedimentation storage during construction Mr Lynch asked if the delineation change was a result of construction disturbance Mr Howard responded that there were no violations and that the re-delineation is necessary if a source of hydrology is to be introduced to the area Mr Howard stated that weekly inspections have occurred with the Environmental Monitor and Metcalf & Parker and the site is more than satisfactory Mr Stapinski stated the area "survived" the weekend's severe rainstorm Motion by Mr Manzi to Issue a Minor Modification, second by Mr Mottola Vote 4.0.0 Discussion, Philips Common, Removal of Red Pines, John Maroney The commission moved this item to the end of the evening's agenda as Mr Maroney is not yet present North Andover Conservation Commissidhge 2 October 2, 1996 242.709, Bond Reduction, Lot 2, 2A Abbott Street, William Walsh Mr Howard inspected the site and recommends compliance He stated there was a small violation as the landowner mowed a restricted area (the 25' No-Disturbance Zone) Ms Parnno stated haybales are still present on-site She recommends additional plantings within the limits of the disturbed area Mr Howard stated the site is stable except for the minor violation Mr William Walsh stated the property has been conveyed The new property owner is aware of the Order of Conditions No Certificate of Compliance has been issued for the site Mr Howard recommends a reduction in the bond from $2,500 to $500 Motion by Mr Manzi to Reduce the Bond from $2,500 to $500, second by Mr Mottola Vote 4.0-0 242-732, Certificate of Compliance, Lot 6 Candlestick Road, _Stephen Doherty Stephen Doherty of D C Corp is present before the commission requesting a Certificate of Compliance A revised "As-Built" plan has been submitted and Mr Howard stated the site is stable and recommends compliance Motion by Mr Manzi to Issue a Certificate of Compliance, second by Mr Masse Vote- 4-0-0 242.652, Certificate of Compliance, Lot 42, 157 Lancaster Road, Paul St Hilaire Paul St Hilaire is present before the commission requesting a Certificate of Compliance A compliance request was denied two years ago as the replication had not yet gone through two (2) growing seasons The site has now gone through three (3) growing seasons Mr Howard stated the site is stable and recommends compliance Motion by Mr Mottola to Issue a Certificate of Compliance, second by Mr Manzi Vote 4-0.0 242-595, Certificate of Compliance, Lot 1 Forest Street Ext, Hancock Environmental Mr Howard presented an "As-Built" plan before the commission All setbacks were satisfied and the site is stable Mr Howard recommends compliance Motion by Mr Mottola to Issue a Certificate of Compliance, second by Mr Manzi Vote 4.0.0 DECISION 242.828, 44 Sharpners Pond Road The draft Order of Conditions was reviewed by the commission Motion by Mr Mottola to accept the draft Order of Conditions, second by Mr Manzi Vote 4-0-0, r North Andover Conservation CommissidYage 3 October 2, 1996 NEW BUSINESS Discussion, Philips Common, Removal of Red Pines, John Maroney Ms Parrno presented photographs to the commission She stated that there are dead trees at this site that are allowed to be cut Mr Maroney wants to cut trees in the rear yard and he wants to replace them with rows of hemlock Mr Lynch stated that the trees in question are located within the dedicated open-space as part of the Planned Residential Development and that the open-space has a no-cut provision Mr Lynch is against cutting live trees as is Mr Masse Mr Manzi would recommend replanting if the tree was dead or dying, but he is against cutting a live tree All members are opposed to cutting live trees. Mr. Manzi directed Ms Parrmo to send a letter to the homeowner to inform him to cut the dead or dying trees that are a "threat to safety within the open space area" under the direction of the Conservation Administrator The request is denied PUBLIC HEARINGS Requests for Determination Rea Street, Map 38, Lot 62, Confirmation of Wetland Line, Continued from 9118196 Ms Parrino stated she inspected the site The plan presented accurately depicts on-site wetland resource areas Mr Howard noted that Bordering Land Subject to Flooding may exist on the property Further, Mr Howard stated that actions of the Commission in a RDA is for the wetland resource only, and that any consideration for BLSF or ILSF are considered under any future N01 Motion by Mr Manzi to Issue a Positive Determination for Flags 101.114 only, second by Mr Masse Vote 4.0-0 Lot 60 350 Green Street Confirmation of Wetland Line Mr Howard stated he met on site with the biologist Wetlands on-site include BLSF (with a determined Base Flood Elevation), Riverfront Area, and BVW Mr Howard recommends using the 200' limit of the Riverfront Area as Buffer Zone versus a "true resource area" until definitive regulations come out by DEP Mr Howard checked the vegetation and the sods Mr Lynch explained the filing and the proceedings to several abutters present at the meeting Linda Holt of 22 Inglewood Street asked how long the permit is valid for Mr Lynch stated the wetland delineation is valid for three years Mr John Ruther questioned the difference between a wetland and a flood plain Mr Lynch responded Mr Marty Brien is also present Motion by Mr Manzi to Issue a Positive Determination for BVW only, second by Mr Masse Vote 4.0.0 North Andover Conservation CommissidtRge 4 October 2, 1996 BLSF and the Riverfront Area will be handled through a future N01 Notices of Intent 242.820, 216 Raleigh Tavern Lane, Lots 22, 33, 36, 37, 38 & 103 Continued from 9118 Mr William Manuel of Hancock Environmental Consultants is present and stated outstanding issues were resolved with the town's consultant The consultant is now satisfied Mr Howard stated that Mr Manuel's comments are Mr Howard recommends closing the public hearing and issuing a decision within 21 days Motion by Mr Manzi to Close the Public Hearing and Issue a Decision within 21 days, second by Mr Mottola Vote 4-0.0 242.826, #25 Jerad Place Road, Lot 44, Continued from 9/18196 Mr Howard stated the commission conducted a sitewalk Tuesday, September 24, 1996 Mr Mottola stated he has no problem waiving the 25' no-disturbance zone in this case anly Mr. Howard stated the commission does not want to set a precedence Mr Lynch asked Mr Bardwell if he had any more information to provide the commission for consideration in this matter Mr Bardwell does not He stated that everyone at the sitewalk felt the situation was unique Mr Lynch stated that the no-build zone was waived for this site Mr Bardwell stated his son is at risk for allergy to bee stings, although he has not been tested Mr Bardwell stated that 10' of brush removal is small in comparison to all the time he has taken appearing before the commission Mr Howard stated that the 25' no-disturbance zone has been upheld in court and, as a result, is not readily waived Justification is a prerequisite Mr Lynch stated that a "uniqueness" or threat to life or limb has to be provided in order for the Commission to waive such a requirement The commission, as part of the public hearing process, requested photographs, entomology reports, proof regarding allergies, and statements showing that this request is unique and warrants waiving the 25' no-disturbance zone No such documents were presented as evidence justifying a waiver request Motion by Mr Manzi to Close the Public Hearing and Issue a Decision within 21 days, second by Mr Masse Vote. 4.0-0. 242-829, Holt Road Landfill, Commonwealth of Massachusetts, Continued from 9118196 Mr David Murphy and Mr Paul Emond of the DEP Division of Solid Waste Management appeared before the commission The Commonwealth required the landfill to be closed and capped Mr Murphy displayed a large aerial photo of the site The landfill is 18 acres on a 22-acre parcel The Commonwealth owns and regulates the landfill The cost to close the site is approximately $2,000,000 A closure design for this site was recently completed The bid document will be out this winter Construction will take place the summer of 1997 There will be 6 to 7 acres of capping The final capping of the 11 acres will take place the summer of 1998 The commonwealth would like the landfill closed There is drainage control for the entire site. They will build a sedimentation basin in the late summerifall Mulching of vegetation will occur if left more than 30 days The waste will be excavated A checklist was provided to the commission A wetland replication North Andover Conservation Commissid?age 5 October 2, 1996 project will be worked out with Mr Howard Organic sod is to be used and they will match the wetland species 41 Mr Howard stated that there is a DEP # but comments have not yet been received because of a backlog at DEP Mr Howard stated he has reviewed the application in detail and has no further issues Mr Howard recommends closing the public hearing and issuing a decision within 21 days Motion by Mr Manzi to Close the Public Hearing and Issue a Decision within 21 Days, second by Mr Mottola Vote 4.0.0 242-830, Salem Street/Abbott Street Sewer Extension Mr Stephen Stapinski of Merrimack Engineering Services, Inc was present before the commission A previous Notice of Intent was filed for the (4) single family homes above the wet meadow permitting driveway, foundations etc but not for the utilities That filing would have permitted connection to the cross- country sewer main The cross-country main is not being built The site is at the intersection of Salem Street and Abbott Street The intent is to take the sewer line from the pump station lust south of cross culverts on Salem Street and extend the main up Salem Street There will be easements dedicated to the town The sewer main between lots 2 and 3 will service three houses The main can be extended up Abbott Street There is no wetland alteration involved Crossing of the culverts is involved They are proposing to provide a temporary culvert and excavate at existing culverts and pipe and there will be ledge removal The total culvert crossing will take two days maximum including blasting There is a need to trench de-water and all discharge will be directed to catch basins in the street The sewer can be extended to North Cross Road, which would involve a ditch crossing The commission discussed the plan They will enforce the 25' no-disturbance zone A revised plan is due from Merrimack Engineering regarding the ditch and the manhole The applicant is providing potential for future sewer line The distance from the manhole to the brook appears to be 160' The flood plain is at elevation 146' +I- The REM Station is at 250 Mr Lynch wants compilation from Hayes and D'Urso on previous plan and resource area is to be added. The commission want one plan for this file Mr Howard recommends closing the public hearing noting that a revised plan is to be provided prior to the issuance of an Order of Conditions Mr Joseph Sasha of 61 Abbott Street asked for clarification of the culverts location Mr Lynch informed there was one on Salem Street and one on Abbott Street Motion by Mr Manzi to Close the Public Hearing and Issue a Decision within 21 Days, second by Mr Mottola 242.831, Lot 1 Forest Street Ext Chairman Lynch read a memo from the Conservation office informing the commission of a telephone call from - North Andover Conservation Commissidhge 6 October 2, 1996 Mr. John Myers regarding abutter notification Mr David Deacon of Boxford addressed the commission He is a direct abutter to this property He questioned the notice to abutters Mr Lynch stated the certified abutters list from the Town's Assessor's Office is what is required for notification to abutters Mr Deacon stated that his neighbor, Mr Myers, was not notified He stated that Mr Myers attended a meeting last June with respect to this property and verbally informed the engineering firm that he is a direct abutter and requested his name be placed on their abutters list in the event of any future filings Bill Manuel of Hancock Environmental Consultants addressed the commission Mr Manuel stated the wetlands were flagged under the filing for 242.595. They re-flagged flags 20A, 19A, 13A and 8A The line moved up the slope The proposal is to construct a portion of the driveway and sewer force main with grading and landscaping within the 100' buffer zone of a bordering vegetated wetland. The house is well beyond the 100' The driveway is 75' from the wetland The septic system has a force main The installation was permitted under 242.595 Mr Howard stated the delineation was approved Photographs of the headwall were provided of the 12" pipe under Old Forest Street All work is beyond the limit of the buffer zone There are no waiver requests The house is outside the jurisdiction of the commission The septic system has received approval from the Board of Health Mr Masse stated that the certified abutter list states the names of Lisa and John Myers 1500 Stonecleave Road, Boxford MA The Affidavit of Service is certified Mr Masse recommends that Mr & Mrs. Myers be notified of the public hearing immediately The assessor's list is complied with The Affidavit of Service certifies service The service is defective because the Affidavit is certified Mr Manuell stated he will notify Mr & Mrs Myers by certified mail Motion by Mr. Manzi to Continue the Public Hearing to October 16, 1996, second by Mr Mottola Vote 4.0- 0 DISCUSSION 242-709, Lot 2l2A Abbott Street The owner, Joseph Sarcia, addressed the commission Mr Sarcia stated he is having a problem with the septic system and he cannot get in touch with Mr Walsh Mr Howard advised Mr Sarcia to call the Director of Community Development Mr Howard informed Mr Sarcia that he is in violation for mowing within 25' of a wetland resource area A Violation Notice was issued earlier in the day to Mr Sarcia Mr Howard informed Mr Sarcia that he can remove the haybales. Mr Howard will provide Mr Sarcia with guidance regarding plantings ADJOURN Motion by Mr Manzi to adjourn, second by Mr Mottola Vote 4.0.0 North Andover Conservation Commissidtage 7 October 2, 1996 1 r e Lynch, J , Ch an JrJ