HomeMy WebLinkAbout1996-11-06 Conservation Commission Minutes North Andover Conservation Commission
Minutes of November 6, 1996
Senior Citizens Center
Members Present: Joseph W Lynch, Jr , Chairman, Joseph Mottola, Scott Masse, Robert
Mansour and Deborah Feltovic. Albert P Manzi, Jr , Vice Chairman and George Reich were
absent
Staff Present Michael D Howard and Karen A Fitzgibbons
The meeting was called to order at 7 00 p in
Minutes
October 2, 1996 On a motion by Mr Mansour, seconded by Ms Feltovic, the minutes of
October 2, 1996 were unanimously approved
October 16, 1996 No action taken
New Business
Presentation - IRWA, (Karrie Mackin)
At the request of the proponent, discussion of this topic continued until the November 20, 1996
meeting
242-593, Partial Certificate of Compliance, Lot 7 #175 Old Cart Way, (Roger Richard)
Mr Howard recommends issuing the Partial Certificate of Compliance
On a motion by Mr Mottola, seconded by Ms Feltovic, the Commission voted unanimously
to issue the Partial Certificate of Compliance
242-708, Certificate of Compliance, Lot 13A #40 Equestrian Drive (Neve Associates)
Mr Howard recommends issuing the Certificate of Compliance
On a motion by Mr Mottola, seconded by Ms Feltovic, the Commission voted unanimously
to issue the Certificate of Compliance
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242-504, Certificate of Compliance, Butcher Bgy Marketplace, (K Yameen)
Mr Howard recommends issuing the Certificate of Compliance.
On a motion by Ms Feltovic, seconded by Mr Mottola, the Commission voted unanimously
to issue the Certificate of Compliance
242-115, Partial Certificate of Compliance, Lot 43 #249 Carlton Lane Subdivision
Mr Howard recommends a Partial Certificate of Compliance for Lot #43 only
On a motion by Ms Feltovic, seconded by Mr Mottola, the Commission voted unanimously
to issue the Partial Certificate of Compliance for Lot #43 only
242-715, Partial Certificate of Compliance, Lot 2 & 12 Sunset Rock Road (S Giles)
Mr Howard recommended to the Commission that a Partial Certificate of Compliance be issued
for Lots 2 & 12 Sunset Rock Road only
On a motion by Ms Feltovic, seconded by Mr Mottola, the Commission voted unanimously
to issue the Partial Certificate of Compliance for Lots 2 & 12 Sunset Rock Road
242-743, Modification/Bond Reduction - Evergreen Estates (B Coulliard)
Mr Coulliard was present and stated that the slopes adjacent to the stream crossing were
"hydroseeded" and are presently stable He is requesting a Modification from the NACC
eliminating the need for "open pavers" on the steep slopes, the seed has accomplished the same
desired result - stability M Howard concurred Mr Lynch asked how much more work needs
to be done and Mr Coulliard replied "we're almost there now" Mr Howard stated that he has
not received any As-Built plans yet Mr Howard also pointed out that prior to construction the
applicant posted a $100,000 cash bond which has since been reduced by $75,000 thus leaving
$25,000 posted as bond with the Commission The replication area is functioning well Mr
Lynch stated that he would recommend that NACC not release any sizeable monies until the
As-Built plans were submitted and reviewed by the NACC Mr Howard , however, noted that
a reduction of $5,000 would still leave $20,000 as surety until the as-built is accepted Mr
Mansour recommends against granting any bond reduction until as-built plans are submitted to
the NACC Office As a compromise, Mr Mansour would consider a vote to release monies this
evening, But, only subject to the applicant submitting the required as-built plan prior to actual
release of the check
On a motion by Mr. Mansour, seconded by Ms Feltovic, the Commission voted unanimously
to grant the request for modification to not use open-faced pavers, rather leave the planted slope
stabilization as is
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f
Regarding the issue of partial compliance, Mr Howard restated that he recommends releasing
$5,000 of the bond money
On a motion by Mr Mansour, seconded by Ms Feltovic, the Commission voted 4-1-0 (Mr
Masse opposed) to release $5,000 of the bond money Mr Mansour also stated that if the
as-built plans do not come in to the office, he will not vote to release bond money again without
them
Modification/Bond Reduction #50 Fuller Meadow Road (J Paluch)
Scott Giles was present and reviewed photos and plans of the property with the Commission
The applicant is looking for modification to condition #14 Mr Masse stated that the
Commission takes the time to draft an Orders of Conditions based upon the NOI It is becoming
annoyingly more frequent that construction plans are simply altered in the field and the applicant
begs forgiveness after the fact Mr Masse stated firmly that he has a problem with after the fact
requestsâ–º Mr. Lynch pointed out that in this case the modification presents a certain uniqueness
as it represents a measure of public safety by erecting a fence as required by code
Mr Howard recommends that the bond be reduced by 50% and the modification be granted.
Ms Feltovic agrees with Mr Masse, and also agrees with what Mr Howard recommends
On a motion by Mr Mansour, seconded by Mr Mottola, the Commission voted 4-1-0 (Mr
Masse opposed) to grant the modification and reduce the bond by $1,000
242-830, Minor Modification - Salem Street Ca? Abbott Street Sewer Ext (T Laudam)
Mr Howard stated that the proposed sewer line will go down Salem Street and turn west onto
Abbott Street The Order of Conditions specifies a de-watering methodology Metcalf and Parker
is the contractor that will construct the sewer line installation Bob Parker, of Metcalf& Parker
is present on behalf of the applicant Due to rates and volumes of water running in the stream,
by-pass pumping into adjacent, downstream catch basins on Salem Street may not work Mr
Parker, Mr Mansour, & Mr Lynch discussed in detail dewatering issues They reached an
understanding of the situation Mr. Mansour & Mr Lynch both agreed that the method of
dewatering / by-pass pumping proposed by Mr Parker made sense and posed no threat to
adjacent resource areas
Mr Howard recommends issuing a modification as directed by the Commission
On a motion by Mr Mottola, seconded by Ms Feltovic, the Commission voted unanimously
to grant the minor modification
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PUBLIC HEARINGS (8:00 P.M.)
Request for Determination of Applicability:
Lot 7 Old Cart Way (Neve Associates) cont from 10/16/96
Applicant has requested, in writing, a continuance of the public hearing because he could not
get a representative to attend the meeting Mr Lynch asked how many abutters were present,
and there were eight (8) in attendance Two letters from Mr. Howard were sent to the
applicant's representative, Tom Neve Associates, dated 10/9/96 and 11/4/96 respectively
Mr Lynch stated his dissatisfaction with Applicants that do not show-up for a public hearing,
presuming that since they requested a continuance in writing the NACC would grant the request
Mr Lynch stated to the abutters that the Applicant's actions is discourteous to abutters that have
no way of knowing is a meeting is to go forward or be continued Mr Lynch then explained to
the abutters in attendance that the applicant was not proposing work at this time Rather, the
proceedings are to provide confirmation a wetland delineation upon the property only The
abutters were not happy that the applicant was again seeking a continuance A number of
abutters stated that the Applicant and Applicant's Engineer has "pulled this" (brought out
abutters to only discover that they were ill-prepared and requesting continuance) many tunes
before this hearing Mr Masse stated that he has a problem with Neve's office (Applicant's
Engineer) not being able to send a representative to a publicly advertised, legal, Public Hearing
Mr Masse compared Mr Neve's approach as that of contempt in a court proceeding, where a
trial is ready to move forward and the defendant doesn't bother to show,1 Abutter Paul Perocchi
of 394 Boston Street was also not happy with a continuance At this time, other abutters added
that they are not happy with the applicant asking for a continuance either
On a motion by Mr Mansour, seconded by Mr Masse, the Commission voted unanimously to
deny the applicants request for a continuance
Mr Howard stated that the vegetated wetland has been modified in the field by his Department
and a certified vernal pool has been documented on site The vernal pool must be shown on a
plan Mr Howard further stated that the site is outside the lumits of BLSF but it is not clear
what type of wetland resource area surrounds the vernal pool Mr Mansour stated that the
Commission can deny a future Notice of Intent if it is lacking in such information
On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to
issue a Positive Determination of Applicability referencing the plan of record dated 9/30/96 and
correspondence dated 10/9/96 from Mr Howard to Mr Neve, and correspondence dated
11/4/96 from Mr Howard to Mr Neve
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31 Gray Street (Colonial Village Development) cont from 10/16/96
This item was continued from 10/16/96 pending receipt of proof of mailing Applicant provided
the Commission with proof of marling and, as a result, Mr Howard recommended granting a
Positive Determination of Applicability approving the wetland delineation as shown on the
submitted plan
On a motion by Mr Masse, seconded by Mr. Mottola, the Commission voted unanimously to
grant a Positive Determination of Applicability
Willow Street, Assessors Map 25/Parcel 4 (S Giles)
Scott Giles was present representing Holbrook Realty Trust, proof of mailing was submitted to
the NACC Mr Howard stated to the Commission that the plan before them was accurate and
as such recommends granting a Positive Determination of Applicability approving the wetland
delineation
On a motion by Mr Masses, seconded by Ms Feltovic, the Commission voted unanimously to
grant a Positive Determination of Applicability
Notice of Intent(s):
242-839, Lawrence Municipal Airport (Merrimack Engineering) cont from 10/16/96
Steve Stapinski, Merrimack Engineering, was present on behalf of the applicant
Mr Howard stated that the applicant's initial proposal sought to fill in 5,000 sq ft of vegetated
wetlands, but a revised plan has been subsequently submitted showing the "apron" pulled out
a minimum of 25', no wetland alteration is proposed at this time nor are any waivers of the
ByLaw requested Mr Howard recommends closing the public hearing and issuing a decision
within 21 days Mr Stapinski asked the Commission to consider a decision (which has been
drafted by M Howard) tonight because the FAA only allows work to be done at certain times
of the year
On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted 4-0-1 (Mr Lynch
abstained) to close the public hearing and issue a decision within 21 days.
242-816, Joanne Drive/Donna Drive (Merrimack En ineering) cons from 10/16/96
Mr Howard stated that John Chessia, the Town's outside consultant, felt that the proposed plan
would increase the peak flow post development Mr Lynch stated that a post-development
increase in runoff at the site should not be a surprise to anyone given the obvious lack of on-site
stormwater management Mr Howard referred to a letter from the Town's consultant
Mr Lynch prepared the public by establishing ground-rules by which abutters would present
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additional testimony Specifically, Mr Lynch would accept any new information, not previously
presented by abutters at the number of previous public hearings, as input Mr Lynch noted that
prior testimony regarding historic flooding problems is already on record within these
proceedings However, Mr Lynch stated that any new, or significantly different modes of
flooding resulting from the October 21, 22, 23 storm would be heard
Judy Goodwin, 10 Campbell Road, was present and submitted to the Commission photographs
taken at 7 00 a in on 10/21/96 (the first day of the past storm) 4 5 feet of water was in her
cellar
Sue Meyer, 1 Campbell Road, has lived there 20 years and stated that she recalls four (4) very
bad storms in the past twenty (20) years Mrs Goodwin stated that in 1987 (a very bad storm)
both she and Mrs Meyer got water, but this time Mrs Meyer did not get one drop of water in
her home I
Mr Howard stated there have been no recent topographic changes that have occurred over the
past 20 years And as such, would not contribute to any change in flooding Mr Lynch stated
that it is hard to compare two storms Both storms cited by abutters were large And both
created problems with flooding However, to compare a hydrological event one must carefully
consider many complicate components and understand how they inter-relate to each other The
two storms occurred at different tunes of the year, The most recent in late fall, the former, in
late winter / early spring These two flood events resulted for vastly different reasons The most
recent from a saturated water table compounded by an incessant prolonged rainfall The former
was a result of winter snow melt over frozen ground Mr Lynch cautioned the abutters to try
to carefully draw comparisons between storm events Further, Mr Lynch explained the a proper
comparison is exactly what is be made by the Town's independent third-party consultant Mr
Lynch stated that the consultant's findings would become part of the public record and could be
examined by any abutter who wishes to do so
Mr Randall, a resident of Salem Street for 20 years, asked if there was a proposal to divert the
water down stream, he feels enlarging the culvert will hurt the people down stream Mr Lynch
stated that certainly that is something to look at Mr Stapinski stated that the last storm was a
25 to 27 hour storm and most people have experienced some degree of flooding During the first
twelve (12) hours of rain the analytical numbers aren't off by a factor of feet Rather, the
analysis was accurate to merely inches John Chessia's observations and comments are pretty
accurate The analytical methodology should be clarified Mr Stapinski also stated that it would
be appropriate to meet with the consultant (John Chessia) to discuss the information already
submitted Mr Lynch stated that the alternatives, simply put, are pretty clear, that the developer
either send the water down stream or detain/retain it on site
At this time the Commission viewed a video taken by Mrs Goodwin showing her home with
water up to the garage windows Mr Stapinski concured with Mrs Goodwin's observations, as
he too had witnessed the condition at approximately the same time of day
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Mr Stapinsk istated that contrary to previous abutter testimony the Salem Street culvert never
backed up Rather, the flooding was a result of a lack of capacity within the Campbell Road
culvert
Another abutter showed pictures to the Commission pointing out the location on Salem Street
where Boston Brook attempts to make a turn The abutter states his concern that the proposed
project will serve to only worsen the already bad situation on Salem Street Mr Lynch stated
thatone of the burdens of proof placed upon the applicant is to prove to the Commission that the
proposed project will not affect the area shown in the photographs The NACC again directed
the applicant to consider on-site detention of stormwater via retention/detention pond
construction and that no increase in the post development rate of runoff should occur Mr
Stapinski suggested that he come before the Commission at the 12/4/96 meeting to further
discuss the proposal an what options may be available
On a motion by Mr Mansour, seconded by Ms Feltovic, the Commission voted unanimously
to continue the public hearing to the 12/4/96 meeting
242-842, Lot 8 Sugarcane Lane (Colonial Village) cont from 10/16/96
Bill Barrett was present submitting revised plans to the Commission for review There were
issues with a proposed deck and retaining wall detail The Commission stated that they are not
satisfied with the plan, as it is incomplete and lacking the minimum information required for the
Commission to base its decision Mr Barrett asked the Commission if they could close the
public hearing and he would submit a revised plan to the Administrator prior to construction
On a motion by Mr Mansour, seconded by Ms Feltovic, the Commission voted unanimously
to close the public hearing and issue a decision in 21 days
242-832, Lot 108 Chestnut St/Wesley St (Merrimack Engineering) cont from 10/16/96
At the last hearing (10/16/96) the Applicant requested, and was granted, a continuance until the
11/20/96 meeting Entry of this item upon the agenda is an error For the record, there were
a number of abutters present at this evenings meeting
242-834, Merrimack Collegepus - Tpke St (R Kaminski)
The applicant submitted proof of mailing to the Commission The plan proposes permanently
siting an existing building that had been moved from the site of the new Osco Drug The plan
proposes to move the building to a site adjacent to where it is now stored, at the south gate to
the college campus Mr Cushing, a biologist of Kaminski & Associates, stated that he and Mr
Howard had yet to agree upon limits of the resource area Mr Howard concured that the
wetland line has yet to be approved On a motion by Ms Feltovic, seconded by Mr Mottola,
the Commission voted unanimously to continue the public hearing until 11/20/96
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242-835, Lot 18 Beaver Brook Rd-EvergreenEst (P Christiansen)
On a motion by Mr Mottola, seconded by Ms Feltovic, the Commission voted unanimously
to continue the public hearing until 11/20/96
242-836, Lot 5 Pheasant Brook Rd-Evergreen Est (P Christiansen)
On a motion by Mr Mottola, seconded by Ms Feltovic, the Commission voted unanimously
to continue the public hearing until 11/20/96
242-837, #729 Boxford Street (P Christiansen)
On a motion by Ms Feltovic, seconded by Mr Mottola, the Commission voted unanimously
to continue the public hearing until 11/20/96
242 - #25 Gilman Lane (S Giles)
On a motion by Mr Mottola, seconded by Ms Feltovic, the Commission voted unanimously
to continue the public hearing until 11/20/96
242-838 Lot #33 Innis Street
The applicant submitted photographs and revised plans to the Commission for review
On a motion by Mr Mottola, seconded by Ms Feltovic, the Commission voted unanimously
to continue the public hearing until 11/20/96
Decisions:
242-833, #922 Dale Street (N E En ing eerina Services, Inc )
Mr Howard had a draft Order of Conditions prepared for the Commission's review On a
motion by Mr Mottola, seconded by Ms Feltovic, the Commission voted unanimously to
approve the draft Order of Conditions
242-795, Lots 1 & 2 Berry Street (P Garner)
Mr Howard had a draft Order of Conditions prepared for the Commission's review On a
motion by Mr Mottola, seconded by Ms Feltovic, the Commission voted unanimously to
approve the draft Order of Conditions
242-831, Lot 1 Forest Street Ext (Heritage Cooperative Bank)
Mr Howard had a draft Order of Conditions prepared for the Commission's review On a
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motion by Ms Feltovic, seconded by Mr Mottola, the Commission voted unanimously to
approve the draft Order of Conditions
242-839 Lawrence Mumcipal Airport (Merrimack Engineering)
Mr. Howard had a draft Order of Conditions prepared for the Commission's review On a
motion by Ms Feltovic, seconded by Mr Mottola, the Commission voted 4-0-1 (Mr Lynch
abstained) to approve the draft Order of Conditions
Adjournment:
On a motion by Mr Mottola, seconded by Mr Mansour, the Commission voted unanimously
to adjourn the meeting
ioseph , Chairman
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