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HomeMy WebLinkAbout1995-02-15 Conservation Commission Minutes NORTH ANDOVER CONSERVATION COMMISSION FEBRUARY 15 1995 SENIOR CITIZENS CENTER PRESENT George L Reich Joseph Lynch Robert Mansour Deborah Feltovic Joseph Mottola Walter Gangl STAFF present Michael Howard Donna Mae D Agata Julie Parrino G Reich calle3 the meeting to order at 7 00 P M MINUTES Motion by J Lynch and second by D Feltovic to accept the February 1 1995 minutes as written Vote unanimous OLD BUSINESS Warrant Articles, Filing Fee Revision M Howard discussed the filing fee system with the commission This matter was discussed at the last meeting of February 1 1995 M Howard proposes to duplicate the state fee with respect to the Notice of Intent As proposed the filing fee for a single family home is $137 50 plus $250 00 Presently the town receives $137 50 The commission discussed categories M Howard proposes the fPe to be $250 per house G Reich asked M Howard about his telephone call with town counsel M Howard stated that town coursel confirmed that it is not necessary for this revision to be a warrant article The Bylaws grants the commission to raise fees The commission would like this item placed on the next agenda (March 15 1995) and advertise this item M Howard to attach data on RDA fees Motion by J Lynch to call public hearing at a date set by the Conservation Administrator to modify the filing fees second by R Mansour Vote unanimous Discussion Intern Position J Parrino stated she had spoken with several department heads regarding the filing fee account She stated that there is approximately $27 000 There is a request before the commission to fund $10 000 from the filing fee account which is one-half of the intern s salary for the next fiscal year Currently J Parrino is fu-ided to mid March A fixed balance cannot be obtained from the accounting office regarding the balance in the filing fee account G Reich cannot recommend to the commission to appropriate $10 000 from this account until he has a true balance J Parrino will work half-time for the Zoning Board of NACC FEBRUARY /5 1995 2 Appeals and 1/2 time for the North Andover Conservation Commission The total salary would be $20 000 regardless of the workload G Reich will talk with the Town Finance Director Motion by R Mansour to appropriate the funds up to $10 000 with the condition that the funds exist second by J Lynch Vote unanimous NEW BUSINESS Lot 16 Carriage Chase Road, 242-292 Partial Certifi-cate of Compliance Mr Scott Fo-lansbee is before the commission requesting a Certificate of Compliance for Lot 16 Carriage Chase The Order of Conditions is dated September 18 1985 An Enforcement Order was issued October 3 1990 The violation is a pond which was excavated in a wet meadow The original plan filed with the Notice of Intent shows a dwelling 16 x 32 pool wet meadow buffer zone border and is dated Aug 6 1985 The Order of Conditions expired in 1988 G Reich would like to see a proposal or study filed for replication of the area G Reich wants a Wetlands Scientist to discuss issues associated with putting the site back to the way it was prior to digging the pond taking _nto account current conditions Mr Follansbee stated that he doesn t believe that the commission would allow filling in of -he pond M Howard would like a botanist to take into considera-ion the current use of that pond The botanist should make recommendations to the conservation commission G Reich stated punitive action should have been taken in 1990 The commission reviewed an As built site plan dated Jan 29 1990 showing the existing dwelling the lawn proposed driveway trees and the pond The plans shows the edge of the wetland as per a Jan 29 1985 plan This plan was submitted Jan 31 1990 along with a cover yrom Christiansen & Sergi Inc The Enforcement Order was issued October 3 1990 There has been no request of this commission in the last four years to issue a Certificate of Compliance Mr Follansbee stated that he wrote to the commission but never received a response R Mansour stated that building the pond should not have been done R Mansour is not in favor of issuing the certificate of compliance Motion by J Lynch to DENY the request and that the terms of the Order of Conditions 242-292 shall be met and followed explicitly and a $2 000 fine be levied second by R Mansour The commission discussed the second page of the Enforcement Order The commission wants to see a wetlands scientist evaluate the wetland R Mansour stated he has no problem with the motion NACC FEBRUARY /5 1995 3 but he questions the fine R Mansour wants a wetlands scientist assigned subject to commissions approval M Howard suggested that a Wildlife Habitat Study be performed Motion by J Lynch to withdraw his motion second by B Mansour Motion by J Lynch to DENY the request for a Certificate of Compliance for 242-292 and that the applicant be required to comply with the Order of Conditions dated October 3 1990 and that a Wetland., Scientist which is acceptable to the commission be assigned and that M Howard supply the applicant with a list of qualified wetland scientists and that a Wildlife Habitat Study be performed second by D Feltovic Vote unanimous Enforcement Order, Nadine Lane, 242-724 At this time this item was passed over PUBLIC HEARINGS Notices of Intent 216 Raleigh Tavern Lane, 242- Farr Better Homes Mr Joseph J Serwatka P E of Hancock Survey Associates Inc was present representing the applicant Farr Better Homes Inc The request is to alter land at 216 Raleigh Tavern Lane for the purposes of crDssing vegetated wetlands in order to conduct soil testing Crossings will be supervised by the North Andover Conservation. Administrator All soil testing will occur outside the 100 ft resource area setback The engineer and the applicant were before the commission at the last meeting (-ebruary 1 1995) with a Request For Determination of Applicability on this site G Reich commended the applicant for going forward with the Notice of Intent as the filing of the Request for Determination of Applicability was incorrect The applicant will be reimbursed for this Notice of Intent s filing and mailing fees Receipts will be provided to the conservation office G Reich stated that the Notice of Intent does not approve the delineation 'he Order of Conditions will not say they agree or disagree Motion by J Lynch to CLOSE THE PUBLIC HEARING AND ISSUE A DECISION WITHIN 21 DAYS OF RECEIPT OF THE DEP # second by D Feltovic Vote unanimous NACC FEBRUARY /5 1995 4 Lots 1-14 Hidden Pond Road, 242-718 Flintlock continued from February 1, 1995 meeting The commission was presented with the consultants report dated February 14 -99S by M Howard Mr James Bourgeois of Thomas Neve Associates was present He was in receipt of the consultant s report He stated that Mr Neve feels that most of the items can be dealt with Further Mr Neve would prefer to stay with the designs he has M Howard stated that he spoke with Mr John Chessia of Coler & Colantonio the town s consultants regarding this report specifically item # 21 The 100 year is covered the 10 year is covered Mr Bourgeois stated that Mr Neve feels the cross-culvert would be clean and would run a little faster Mr Chessia states in the report tha- flooding would occur at storm events greater than 100 years if Mr Neve did what he wants The Department of Public Works would act as the town s agent Mr Bill Hmurciak is a professional engineer The engineer (Thomas Neve) and the consultant cannot agree G Reich stated the Order of Conditions will be sub3ect to DPW review Motion by J Lynch to CLOSE THE PUBLIC HEARING AND ISSUE A DECISION WITHIN 21 DAYS second by D Feltovic Vote unanimous Lot 6 Candlestick, 242- , M110t continued from February 1, 1995 Mr Robert Masys of R A M Engineering was present The commission reviewed a revised site plan of land dated February 14 1995 The deck will be 41 from the wetlands Motion by J Lynch to CLOSE THE PUBLIC HEARING AND ISSUE A DECISION WITHIN 21 DAYS OF RECEIPT OF THE DEP # second by D Feltovic Vote 5 0-1 R Mansour abstained Lot 6 Candlestick 242-50 The new Order of Conditions issued will supersede the previous order of 1978 The commission will forward a letter to Mr Masys of R A M Engineering to that effect Lot 3 Forest Street, 242- Colonial Village Development Mr Philip Christiansen of Sergi & Christiansen was present representing the applicant The request is to alter land at Lot 3 Forest Street for the purposes of constructing a single family dwelling and drive within buffer zone of vegetated wetland NACC FEBRUARY /5 1995 5 Approximately 8 100 s f of buffer area will be disturbed The commission was waiting for information on endangered species The Natural Heritage Program gave favorable response Motion by J Lynch to CLOSE THE PUBLIC HEARING AND ISSUE A DECISION WITHIN 21 DAYS OF RECEIPT OF THE DEP # second by D Feltovic Vote unanimous Lot 1A Forest Street, 242- Colonial Village Development Mr Philip Christiansen was present representing the applicant The request is to alter land at Lot 1A Forest Street for the purposes of constructing a single family dwelling within the buffer zone of a bordering vegetated wetland Approximately 25 380 s f of buffer area will be disturbed There are two separate wetlands M Howard verified the line There is no deck on back o:-- the house There are dug wells on this property The commission is waiting for Natural Heritage Program to respond The response is 30 days from the day of filing Mr Laurence Cough-in an abutter was present He requested to view the plan and the application He was given a set of the documents Motion by J Lynch to CONTINUE to March 15 1995 for the Natural Heritage response second by D Feltovic Vote unanimous Lot 2A Forest Street 242- Colonial Village Development Mr Philip Christiansen was present representing the applicant The request is to alter land at Lot 2A Forest Street for the purpose of constructing a single family dwelling within the buffer zone o= a bordering vegetated wetland Approximately 15 100 s f of buffer area will be disturbed There are two wetlands shown on the plan There is a 25 no cut line and a 50 no construction zone The plan shows an Exclusive Use Easement which is for Lot 6 Motion by J Lvnch to CONTINUE to March 15 1995 for the Natural Heritage resporse second by D Feltovic Vote unanimous Lot 4 Forest Street, 242- Colonial Village Development Mr Philip Christiansen was present representing the applicant The request is to alter land at Lot 4 Forest Street for the purpose of constructing a single family dwelling within the buffer zone of a bordering vegetated wetland Approximately 4 400 s f of huffer area will be disturbed There is a 25 no cut line a 50 no construction line and existing tree line shown on the plan NACC FEBRUARY /5 1995 6 Motion by J Lynch to CONTINUE to March 15 1995 for the Natural Heritage response second by D Feltovic Vote unanimous Lot 8 Hillside Road, 242- J Cronin Mr Philip Christiansen was present representing the applicant The request is to alter land at Lot 8 Hillside Road for the purposes of constructing a single family dwelling within the buffer zone of a bordering vegetated wetland Approximately 13 500 s f buffer area will be disturbed A revised plan was submitted to the commission The revision is the plan is showing the lawn and foundation drain Mr Philip Busby an abutter of 308 Chestnut Street has a copy of the original plan and the revised plan Wetland Preservation Inc flagged the wetlands last year A site walk was conducted by the commission last September (1994) The lot is serilced by town water and town sewer 17 000 s f of buffer area will be disturbed A side slope appears on the plan and Mr Christiansen stated it is all lawn Mr Philip Busby stated he has lived there approximately 45 years Mr Christiansen and Mr Busby discussed the plan it was also stated that the wetlands are determined by the vegetation Mr Busby is concerned about his pond which is approximately 100 x 170 The pond is spring fed He is concerned with water flowing from Lot 8 Hillside onto his lot His pond is for retention of ground water which supports fish and wildlife Any removal of trees would impact his lot M Howard asked the commission if they would be locked into the wetland delineation based on the Request for Determination of Applicability G Reich answered affirmatively G Reich would like to view the site again Mr John Manno an abutter is present He stated that his lot appears on the plan as Lot 9 He stated that water flows thru and over his driveway The rain water pours down from the street in the back He can see flooding and collection of debris on his driveway G Reich informed the abutters that members of the commission would visit the site An abutter spoke regarding the drainage problem in that area and he stated that there is wildlife in the area Mrs Marshall an abutter has concerns and would like the commission to walk her site when they walk Lot 8 Hillside Mrs Shirley Howe an abutter of 5 Hillside Street has drainage and ice condition concerns She stated that water runs over the road Mr John NACC FEBRUARY / 5 1995 7 Casey of 84 Innis Street asked if Lot 8 is grandfathered and if it is buildable J Parrino stated that this lot has been grandfathered and it is a buildable lot G Reich stated that lots must also fall under the North Andover Conservation Commission guidelines and that grandfathering refers to zoning only Motion by J Lynch to CONTINUE to March 1 1995 second by D Feltovic Vote unanimous The commission will visit Lot 8 Hillside Road Saturday February 25 1995 at 8 30 A M Enforcement Order, Nadine Lane, 242-724 At this time the commission discussed the Enforcement Order against Nadine Lane Lot 11 was in the process of construction M Howard visited the site and informed the contractor of the violations M Howard prepared the Enforcement Order An Order of Conditions was issued January 9 1995 Conditions of the Order have been violated specifically Items # 13 19 24 and 28 M Howard is requesting the commission members ratify the Enforcement Order Motion by R Mansour to RATIFY the Enforcement Order second by D feltovic Jote unanimous M Howard informed the members that there is an error in the first page of `he Order of Conditions Motion by R Mansour to AMEND THE FIRST PAGE OF THE ORDER OF CONDITONS 242-724 second by J Lynch Vote unanimous DECISIONS 216 Raleigh Tarern Lane Motion by J Lynch to issue the Order of Conditions as written by M Howard second by R Mansour Vote unanimous Lot 3 Forest Street 242 Deborah Feltovic Lots 1-14 Hidden Pond Road 242 7/8 J Lynch Lot 6 Candlest-ck 242 G Reich Motion by J Lynch to adjourn second by R Mansour Vote unanimous George Reich Chairman