HomeMy WebLinkAbout1996-12-04 Conservation Commission Minutes North Andover Conservation Commission Meeting
Senior Center
December 4, 1996
Members Present: Joseph Lynch, Jr. , Chairman; Al Manzi, Vice
Chairman; George Reich, Deb Feltovic, Joseph Mottola and Scott
Masse. Robert Mansour was absent.
Staff Present: Michael D. Howard, Conservation Administrator and
Karen Fitzgibbons, Secretary.
The meeting was called to order at 7:00 p.m.
Conservation Associate Position:
Mr. Howard announced to the Commission that he has hired Ms.
Richelle Martin for the Conservation Associate position. Ms.
Martin will begin her duties on December 16, 1996. She was
present at the meeting and was introduced to the Commission
members.
Violation Notice - L.M. Airport (Northern Construction) :
Mr. Howard stated to the Commission that Bob Nicetta, Building
Inspector, had received a complaint regarding the stockpiling of
soil material at the airport. John LaValley, representing
Northern Construction, was present and stated that Northern
Construction has stockpiled soil material, but notes that there
was a pre-existing Moil stockpile condition already present in
the location and they only added to the existing pile. It was
stated that it is impossible to now determine what portion of the
soil stockpile is the responsibility of Northern Construction.
Airport management is cognizant of wetland issues and concerns of
the NACC and facts regarding this specific issue. Mr. Howard
stated that in an effort to effect a cease and desist for
stockpiling he issued an Enforcement Order to the Airport
Commission when he first inspected the area in question. Mr.
Howard stated that a second enforcement order will be sent to the
Airport. He also noted that because of the weather, it may be
difficult to stabilize the area and move the material outside of
the buffer zone now. The question of contaminants in the material
was discussed. Mr. Lynch stated that regardless of whether there
are any contaminants or not the Commission wants the material
moved to a location outside of the BVW buffer zone.
Motion was made by Mr. Manzi, seconded by Mr. Reich, to have the
area restored to its original condition by 1/7/97. The Commission
voted unanimously in favor of this motion.
242-671 COC - Lot E1 Willow Street/Ciento Associates (Neve
Assoc. ) :
Mr. Howard stated that an OOC was issued by the NACC on 10/27/96
permitting construction of a bituminous concrete surface and
1
subsurface drains at an existing developed site. A $5,000 bond
was established.
Mr. Howard stated that the Conservation Department is in receipt
of an as-built plan and a letter from a P.E. certifying
compliance with the OCC. The fence is up, setbacks were met and
the site is stable. Mr. Howard recommends issuing a COC and
releasing the $5,000 bond.
On a motion by Mr. Reich, seconded by Mr. Mottola, the Commission
voted unanimously to issue the COC and release the $5,000 bond.
242-538 COC - Lot 3 Willow Street/IIPF Bldg (Neva Assoc) :
Mr. Howard stated that an OOC was issued by the NACC on 11/23/90
permitting construction of a large commercial building with
associated utilities, paving and appurtenances. On 12/6/90 DEP
appealed the COC because of concerns with flooding on adjacent
properties, potential scouring, siltation and contamination to a
BVW from a point source discharge of storm water. A permanent 10'
no cut zone was established around the perimeter of the property
except in the vicinity of the sedimentation basin/velocity
dissipaters. The site is stable and the Conservation office is in
receipt of an as-built plan and letter from a P.E. certifying
compliance with the OOC. Mr. Howard recommends issuing a COC and
releasing the $7,500 bond.
on a motion by Mr. Reich, seconded by Ms. Feltovic, the
Commission voted unanimously to issue a COC and release the
$7,500 bond.
Enforcement Order 242-593 Lot 1 #95 Old Cart Way (Merrimack
Engineering._ Inc. )
Enforcement Order 242-593 Lot 2A #121 Old Cart Way (Merrimack
Engineering, Inc. )
These two enforcement orders were discussed together by the
Commission.
Mr. Howard showed the plans to the Commission and Steve Stapinski
of Merrimack Engineering, Inc. , was present and began to discuss
and give some background information on Lot 1 #95 old Cart Way:
Mr. Stapinski stated that the original subdivision was approved
in 1987, the wetland line was accepted by the NACC and a
subsequent OOC was issued. There was a 25' no cut and 50' no
build line. The bank took the property over by foreclosure and
the NACC extended the OOC. In 1987 the Con Com suggested the
applicant file a new NOI as the resource areas had changed. WPI
re-delineated the wetlands. Under the new delineation the wetland
boundary near the roadway had changed to between 101 to 151 , thus
"not conforming" to the original OCC for 25 foot no-disturbance.
Resultant of the new delineation the development plan was
modified and a retaining wall proposed with no wetland alteration
2
proposed. A covenant was placed on each lot that prohibited
building in the 50' buffer zone.
Lot 2A/#121 Old Cart Way: Mr. Stapinski stated that a corner of a
retaining wall was built in the buffer zone. The slope is at the
25' setback using the 1987 line. When an inspection was done, the
building was not in the 50' no build zone. Mr. Reich asked Mr.
Howard if he verified that this is the plan of record, and Mr.
Howard stated that this is where the problem lies the latest
plan in the file is the one Scott Masse is presently viewing
(Plan of Record for July, 1992 filing) . Mr. Manzi asked if the
1987 plan expired when the 1992 revision was made for a roadway
modification. Mr. Stapinski replied that they didn't move the
1987 line setback. Mr. Howard stated that Julie Parrino based her
prior COC recommendations on the 7/92 plan that Scott Masse has
before him now. Mr. Lynch stated that the matter before the
Commission should be dealing with is the issuance of PCOC's. Mr.
Manzi questioned how the Commission can certify a PCOC if there
is no plan to reference. Mr. Masse stated that since the
Commission cannot produce a plan of reference then they must
issue the PCOC.
Mr. Lynch requested that Mike Howard apprise the Commission as to
the existing site condition and its ability to pose no threat to
the abutting resource area. Mr. Howard stated that the site is
stable and the Commission has been using the 1992 plan as the
plan of record. Mr. Howard stated that the Conservation office is
in receipt of as-built plans and letters from P.E. 's certifying
compliance with the 'OOC's.
On a motion by Mr. Masse, seconded by Mr. Mottola, the Commission
voted unanimously to issue a PCOC and release the $3,000 bond for
Lot 1/#95 Old Cart Way.
On a motion by Mr. Masse, seconded by Ms. Feltovic, the
Commission voted unanimously to issue a PCOC and release the
$3,000 bond for Lot 2A/#121 Old Cart Way.
At this time George Reich stated to the engineer, Robert Daley,
that the next time a compliance is submitted to the Commission
with his certification by stamp and inaccuracies exist, a formal
complaint will be issued to the Massachusetts Hoard of
Professional Registration.
COC 242-703 - Lot 20A Equestrian Drive (M. Crowe) :
An OOC was issued on 8/24/94 authorizing construction of a single
family dwelling and appurtenances within the buffer zone of a
BVW. On July 24, 1996 the NACC denied a request by the applicant
for a COC for the following reasons:
3
I. the site was not stable;
2. the permanent fence was not adequate and was to be re-
constructed per the direction of the Conservation
Administrator.
Mr. Howard inspected the property on 12/3/96. A stone wall was
constructed per his direction and now satisfies the intent of the
Bylaw and OOC. Mr. Howard recommends granting a COC and releasing
the $4,000 bond.
On a motion by Mr. Masse, seconded by Mr. Manzi, the Commission
voted unanimously to grant the COC and release the $4,000 bond.
PCOC 242-691 - Lots 4 and 5 Seven Oaks Subdivision (P.
Christiansen) :
An OOC was issued by the NACC on 6/7/94 authorizing construction
of a subdivision in the BZ of a BVW. Mr. Howard inspected the
site on 12/3/96 along with Bill Barrett. The site is stable and
the Conservation Office is in receipt of a stamped as-built plan
and letter from a P.E. certifying compliance with the OOC. Mr.
Howard recommends issuing a PCOC for lots 4 and 5 only and
releasing $6,000 from the bond.
On a motion by Mr. Manzi, seconded by Mr. Masse, the Commission
voted unanimously to grant a PCOC for lots 4 & 5 and release
$6,000 of the bond,
Enforcement Order 242-634 woodland Estates (P. Ogren/ A.C.
Cormier) :
Mr. Howard stated that a month ago he and Ms. Colwell inspected
properties at the subject development and noticed that decks had
been added and seemed too close to the wetland, thus encroaching
upon the 50 foot no-construction zone stipulated under the OCC.
While Mr. Howard was on vacation, as-built plans were submitted
to the Conservation office. Peter Ogren, engineer for the project
was present as was Atty. Brad Latham. They acknowledge their
client, Aurele Cormier, is in violation but they are looking for
leniency on the part of the Commission.
Mr. Masse and Mr. Lynch noted that the date on the as-built
foundation plan is July 1996. By this date it is clear that the
developer and his engineer new of the violation in July, when
there was only a foundation present. By the developer's failure
to act promptly, in July, they cause themselves a great error;
Completing construction of the home in the incorrect location.
Further, by this action they expressed total disregard for the
OCC that states maintaining the 50 foot no-construction zone.
Mr. Reich stated that he doesn't know the specific number of
violations previously issued by the NACC to Mr. Cormier but Mr.
Cormier has been before the Commission many times. Mr. Manzi
4
stated that builders do not seem to follow the OOCs that the
Commission issues, and they should! Mr. Reich asked Mr. Ogren how
long it takes to move a house, and Mr. Ogren replied 2 to 3
weeks. Mr. Lynch stated the history is quite clear; the
Commission has given the builder an awful lot of leeway in the
past. However, the repetitive violations only express to the
Commission that Mr. Cormier has little regard for the OCC and the
Commission's past leniency. Here we go again!
Atty. Latham stated that his client is aware an as-built plan is
necessary, but Mr. Cormier is confused about a zoning buffer and
a wetland buffer. Atty. Latham is appealing to the Commission to
please not make Mr. Cormier move a house 7 feet. Some sort of
sanctions could be issued instead. Mr. Manzi stated that if Mr.
Cormier builds homes for a living he should know the wetland line
from the buffer zone line; this is a real competency issue. Mr.
Ogren stated that it is very difficult to make Mr. Cormier
understand how serious the rules and regulations are. However,
Mr. Ogren states that Mr. Cormier is very competent builder and
in many cases he goes above and beyond what he has to do.
Mr. Manzi stated to Mr. Ogren that you have to try to understand
our frustration. Mr. Masse asked how long Mr. Cormier has been
building homes. Mr. Ogren replied 25 years or better. Mr. Masse
stated in that case he has no excuse for not following the OOCs.
Mr. Reich made a motion to issue an enforcement order for the
applicant to be in compliance with all setbacks by 2/1/97 or we
will seize the bond. Mr. Manzi seconded the motion. Mr. Masse and
Ms. Feltovic stated that moving the house may be too drastic.
Atty. Latham stated that if the Commission wishes to make a
point, couldn't it be done with less severity? Mr. Howard pointed
out that the permit expires 1/97. Mr. Mottola stated that the
builder doesn't seem to care, but maybe moving the house is too
drastic. Mr. Howard pointed out that there is a cost to moving a
house. Mr. Lynch stated that he doesn't want to discuss a
monetary settlement as he will not put a price on the Bylaw. Mr.
Lynch believes the situation of repeated, blatant disregard for
the OCC is serious and that the motion on the table is just
action for the violations.
On a motion by Mr. Reich, seconded by Mr. Masse, the Commission
voted as follows to issue an Enforcement Order mandating that the
developer bring Lot #8 into compliance by 2/1/97 and to impose a
$50.00 a day fine for each day that the development remains in
violation.
Mr. Lynch yes
Mr. Reich yes
Mr. Masse yes
Mr. Manzi yes
Mr. Mottola no
Ms. Feltovic no
As the vote was 4 to 2, the motion passed. .
5
Scott Masse left the meeting at 8:45 p.m.
Request Public Hearings
for
Determination of Applicability:
RDA k200 Chickering Road (MHF Design Consultants) :
Al Manzi read the public hearing notice as published in the North
Andover Citizen. Mark West, the applicant's biologist, was
present and stated his client is seeking confirmation of the
wetland line and no work is proposed at this time. Mr. Howard
stated that proof of mailings are absent and will be provided at
the next meeting. Mr. Lynch stated to all abutters that the
proceedings tonight are to address the wetland delineation only.
Mr. Howard inspected the proposed wetland delineation on 12/2/96
along with Mr. West and made numerous modifications. Additional
supporting data needs to be provided to the Commission. The
applicant requested a continuance to the December 18, 1996
meeting.
On a motion by Mr. Manzi, seconded by Mr. Reich, the Commission
voted unanimously to continue until December 18, 1996.
RDA Lot 14A Rocky Brook Road (Oaunquit Homes) :
The applicant has filed an RDA seeking confirmation of the
wetland line and a Negative Determination regarding single family
dwelling construction. John Morin, engineer for the applicant,
was present and provided the Commission with proof of mailings. A
request was made by Mr. Morin to withdraw the RDA and apply the
funds paid towards an NOI to be filed in the future. On a motion
by Mr. Reich, seconded by Ms. Feltovic, the Commission voted
unanimously to allow the applicant to withdraw without prejudice
and to apply funds already paid towards a future NOI filing.
Notice of Intent,(s) :
242-816 Joanne Diive/Donna Drive (Merrimack Engineering) :
This hearing was continued from the 11/6/96 meeting. At that time
it was understood that the present proposal would result in an
increase in post development runoff rates. The recent 100 year
storm coupled with the issues of flooding raised by numerous
abutters forced the NACC to mandate that on-site
retention/detention be provided. As a result the NACC asked that
Merrimack Engineering re-design the storm water management
system.
Steve Stapinski, Merrimack Engineering, was present and stated
that he has a meeting scheduled on 12/5/96 with Mr. Howard and
George Perna to discuss ideas for containing the water in this
area coupled with possible downstream flood mitigation.
Accordingly, Mr. Stapinski requests the NACC to grant a
continuance.
6
On a motion by Mr. Reich, seconded by Mr. Manzi, the Commission
voted unanimously to continue the public hearing until January 8,
1997.
242-836 Lot 5 Pheasant Brook Rd @ Evergreen Estates (P.
Christiansen) :
The applicant requested a continuance in writing until December
18, 1996. On a motion by Mr. Reich, seconded by Ms. Feltovic, the
Commission voted unanimously to grant a continuance until the
12/18/96 meeting.
242-%BB #25 Gilman Lane (S. Giles) :
This hearing was continued from the 11/6/96 and 11/20/96 meeting.
The applicant is seeking permission to construct an addition
within the 1001buffer zone of a BVW. A site walk was conducted on
11/29/96. Joe Lynch, Mike Howard and Joe Mottola were present at
the site walk. It was the opinion of those present at the site
walk that the waiver request should not be granted. Furthermore,
DEP will not issued a file number because the NOI application did
not include a filing fee. Mr. Howard recommends closing the
public hearing and issuing a decision within 21 days. On a motion
by Mr. Reich, seconded by Ms. Feltovic, the Commission 4-0-1 (Mr.
Manzi abstained) to close the public hearing and issue a decision
in 21 days.
242-840 Lot lA Rocky Brook Road (T. Neve Assoc. ) :
The applicant is seeking authorization to construct a dwelling
with associated septic system and utilities within the Buffer
Zone of a BVW. Mr. Howard recommends continuing the public
hearing to afford additional time to re-evaluate the wetland
resource area. John Morin, engineer for the project, provided
proof of mailing to the Commission. The wetland line has not been
confirmed by Mr. Howard. On a motion by Mr. Reich, seconded by
Ms. Feltovic, the Commission voted 4-0-1 (Mr. Manzi abstained) to
continue the public hearing until December 18, 1996.
242-841 Lot 19 Rocky Brook Road (T. Neve Assoc. ) :
The applicant is seeking authorization to construct a dwelling
with associated septic system and utilities within the buffer
zone of a BVW. The applicant is not requesting any waivers from
the NACC. John Morin, engineer for the project, provided proof of
mailing to the Commission and stated that the house is 80' away
from the wetlands and the wetland line has been confirmed.
Mr. Howard recommends closing the public hearing and issuing a
decision within 21 days. On a motion by Mr. Reich, seconded by
Ms. Feltovic, the Commission voted 4-0-1 (Mr. Manzi abstained) to
close the public hearing and issue a decision within 21 days.
242-843 United Plastics Company @ 165 Flagship Drive (Channel) :
7
The applicant has filed a NOI seeking authorization to construct
a 19,000 square foot addition for a manufacturing facility,
parking and utilities within the BZ of a BVW. Scott Smyers of
Fugro was present and provided the Commission with proof of
mailings. Mr. Howard inspected the wetland line on 12/3/96 and
made some modifications to it. Mr. Smyers has been made aware of
this and would like more time to reply. It was stated by the
Commission that some questions regarding drainage may need to be
answered at the next meeting. On a motion by Mr. Reich, seconded
by Mr. Manzi, the Commission voted unanimously to continue the
public meeting until December 180 1996.
Decisions
Lot #108 Chestnut Street/Wesley Street:
Mr. Howard had a decision denying the proposed work ready for the
Commission to review. On a motion by Mr. Reich, seconded by Mr.
Manzi, the Commission voted unanimously to approve the decision
as written.
Lot #18 Beaver Brook Road:
Mr. Howard had a decision ready for the Commission to review. on
a motion by Mr. Manzi, seconded by Ms. Feltovic, the Commission
voted unanimously to approve the decision as written.
Lot #33 Innis Street:
Mr. Howard had a decision ready for the Commission to review. on
a motion by Ms. Feltovic, seconded by Mr. Mottola, the Commission
voted unanimously to approve the decision as written.
#729 Boxford Street:
Mr. Howard had a decision ready for the Commission to review. On
a motion by Mr. Mottola, seconded by Mr. Reich, the Commission
voted unanimously to approve the decision as written.
Adjournment:
On a motion by Mr. Re h, seconded by Mr. Manzi, the Commission
voted unanimous to djourn the meeting. The meeting adjourned
at 10:15 p.m.
N (L
e W. Ly h, �r. , Chairman
8