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HomeMy WebLinkAbout1995-03-01 Conservation Commission Minutes • NORTH ANDOVER CONSERVATION COMMISSION MARCH 1 1995 SENIOR CITIZENS' CENTER PRESENT George L Reich Joseph Lynch Deborah Feltovic Joseph M Mottola STAFF Michael D Howard Donna Mae D'Agata Julie Parrino G Reich called the meeting to order at 7 00 PM MINUTES Motion by J Lynch to accept the minutes of February 15 1995 second by D Feltovic Vote unanimous NEW BUSINESS Boy Scouts of America - Mazurenko Farm Mr Carl Schoene was present to request permission for the Boy Scouts to use an area on Mazurenko Farm for overnight camping the weekends of Marcr 17-19, 24-26 or 31-02 1995 They are looking at the open field area They have also been looking at the Town Farm for this event The camping will be low impact no open fires They will have porta-pottys on the site for sanitary facilities There will be approximately 30-40 scouts with leaders and 20-30 cub scouts On Sunday morning they will break camp and clean up the site M Howard suggested a pre-clean up of the site Mr Schoene agreed Motion by D Feltovic to GRANT permission for the Boy Scouts to use Mazurenko Farm or the Town Farm the weekend of March 24-26 1995 second by J Motzola Vote 3-0-1 J Lynch abstained as he will be present at the event Lot 1 Johnson Street, 242-722, Modification to Order of Conditions Mr Ray Allen was present before the commission requesting a minor modification to the plan dated October 19 1994 filed with the commission on October 21 1994 The Order of Conditions was issued December 8 1994 Mr Allen presented a revised plan dated December 19 1994 The modification is to the location of the proposed dwelling and driveway Motion by J Lynch to consider this Modification to Order of Conditions as irsignificant and allow it second by D Feltovic Vote unanimous North Andover Conservation Commission March 1 1995 Christian Way Est , Brook Farm Subd , 242-452, Extend Order of Conditions The applicant is Margaret Antonelli of Virginia Her attorney Gary Sackrider is requesting an Extension to the Order of Conditions M Howard stated that this Order of Conditions has been extended several times and that extending the Order of Conditions again will not be an issue He stated he reviewed the plans He did not walk the site M Howard stated re-flagging can be requested The Order of Conditions will expire March 2 1995 Motion by J Lynch to ISSUE the Extension Permit for 60 days to allow M Howard to research options regarding revision to an Order of Conditions which is in litigation second by D Feltovic Vote unanimous Lot 23 Pine Ridge Road, 242-634, $2,000 Bond Reduction Ben Osgood Jr was present along with Mr Gary Lunetta requesting release of $2 000 from the $3 000 bond which was posted March 15 1993 The house was completed two years ago Mr Lunetta is moving to Florida and will be leasing this home He would like to have $2 000 of the bond money prior to leaving for Florida The commission asked why a Certificate of Compliance was not requested Mr Osgood stated that the applicant could not get a letter from an engineer prior to his departure on Wednesday Mr Osgood stated there was no effect on the detention pond at all He stated there is a bond set with the town for the subdivision The detention pond is not part of this filing J Parrino stated site has been stable for approximately 1/2 years M Howard stated the site requires another inspection J Lynch would like a request for Certificate of Compliance to come before the commission and if in compliance a full bond release would be granted G Reich stated that the bond money is held by the town to rectify a problem if one exists What is needed is an as-built plan stamped by a Registered Land Surveyor or Professional Engineer Motion by J Lync'i to DENY the request for the $2 000 release of funds second by D Feltovic Vote unanimous Woodland Estates, 242-634, Discussion Peter J Ogren P E of Hayes Engineering Inc was present The owner Mr Cormier is not present The property is located at 1737 Turnpike Street Enforcement Orders/Violation Notices has been issued against this site Mr Ogren stated that the water line permit was not issued until late November No work on the replication area has been started G Reich read Item #15 from the North Andover Conservation Commission March 1 1995 Order of Conditions He stated that Mr Cormier has been in violation several times M Howard stated that no construction sequence was received from the engineer since he has been with the town G Reich stated in July 1994 a construction sequence was requested one was located in the file however it is incomplete and has not been followed G Reich retierated that replication was to proceed all of the work Discussion continued regarding a damage to a stream bank by a backhoe Mr Ogren stated that area was restored to the satisfaction of tie Conservation Agent Additional plantings were requested at that time Mr Ogren stated the Enforcement Order on the stream crossing was lifted Motion by J Lynch to issue a Cease and Desist Order with a Violation Notice citing conditions No work to be done on the pro3ect The applicant is to reappear before the Conservation Commission with a remedial plan second by D Feltovic Vote unanimous North Andover Estates, 242-642, Extend Order of Conditions M Howard informed the commission that the applicant requested continuance to Maxch 15 1995 PUBLIC HEARINGS Notices of Intent 114 Boston Road, 242-730, Continued from 2/1 Mr William Bergeron of Hayes Engineering was present He stated that the town's consultants Coler & Colantonio provided him with their review of East Pasture Estate plans and drainage analysis Mr Bergeron stated that the consultant wants emergency overflow Mr Bergeron will incorporate that into the plan and will make it part of the construction sequence Planning has not closed their public hearing on this matter Motion by J Lynch to close the public hearing and issue an Order of Conditions within 21 days second by D Feltovic Vote Unanimous Lot a Hillside Road, 242- , J Cronin, Continued from 2/15 Mr Philip Christiansen of Sergi & Christiansen Engineer was present representing the applicant M Howard stated a site walk was done The tape measure does not match the plan It differs by as much as 6 feet from stake to flag G Reich stated based on the site conditions the commission is not comfortable waiving the 25 ' no-cut zone Drainage calculations would be required if this pro3ect went ahead P Christiansen stated he would look at the flags ,a North Andover Conservation Commission March 1 1995 Mr Phil Busby was present to inform the commission that there are existing two trees where the proposed driveway would be One tree is a 35" red oak and the other is a 22" red oak These trees are on public property MGL Chapter 87 Sections 3 and 7 state any removal of public trees require a public hearing G Reich stateo that the Conservation Commission has not jurisdiction over this issue Motion by J Lynch to continue to March 15, 1995, second by D Feltovic Vote unanimous Map 62, Parcel 5, 242- , C/M Realty Tr (Monkhern Renshaw) Mr Jerry Foley cf Belanger & Foley was present representing the applicant M Howard stated that he talked with the Planning Department and a Special Permit for the Watershed has not been applied for It is a requirement of the Act to apply for said permit prior to meeting with the Conservation Commission therefore this filing is incomplete His client is interested in creating walking trails for either public or private use The applicant proposes to clear existing shrubs and understory by hand to create a walking trail within the buffer zones to wetlands shown on the plans Small voids created by removing small roots and rocks will be filled with clean material by hand The cleared brush will be removed from the Buffer Zone and disposed of or burned The existing turf will remain in place A temporary construction fence will be placed on the wetland side of the trial The topo was done by Norse Engineering No machines would be involved hand work only in 400 foot sections The land abuts the Town of Boxford Boxford will not entertain a Notice of Intent until April The applicant will agree to the commission ' s setbacks M Howard stated the project on the whole is so unobstrusive in nature that it will likely not have any adverse impacts on the wetland resource area J Lynch asked who the users might be as he is concerned with parking Mr Foley stated at this point parking is not being proposed although he wouldn't discount it The elevation goes from 230 ' to 170 ' J Lynch questioned the rectangular drawing on the plan Mr Foley stated the object on the plan is an old foundation Motion by J Lynch to CONTINUE the public hearing to March 15, 1995 at which time applicant must have filed with the Planning Department and provide management plan to this commission second by J Mottola Vote unanimous Lots 10, 11, 13 & 14 Concord Street, 242- , Brickyard Realty Tr Mr Stephen E Stapinski of Merrimack Engineering Services was North Andover Conservation Commission March 1 1995 present representing the applicant The request is for a single family home on Lot 10 which is currently vacant The house will be built 68 ' from the wetland The house on Lots 11 13 & 14 will be torn down The house is at 53 Concord Street along with a garage The new home will be 69 ' from the wetlands The garage is 30 ' from the wetlands The delineation was last fall There are no oil tanks present The current house is on town sewer These lots are Form A lots The three lots (11 13 & 14) are in common ownership Mr Stapinski stated there will be no work in the wetland erosion control during construction is to be provided all non-paved disturbed areas are to be loam and seed Mr LaRosa an abutter stated he has no complaints with the proposal Mr Slipkowsky whose mother is an abutter sent a letter to the commission opposing holding the Public Hearing G Reich informed Mr Slipkowsky that his concerns were ether not under the 3urisdictzon of the Conservation Commission or substantive enougi to delay the Public Hearing Motion by J Lyncz to CLOSE the public hearing and issue an Order of Conditions within 21 days of receipt of the DEP # second by D Feltovic Vote inanamous Great Pond Road, Ite 133, 242- , New England Tel & Tel Abbreviated Notice of Intent Mr Edward J Shanley was present to represent the applicant The pro3ect is conduiv installation This is a limited pro3ect under 310 CMR 10 53 (4) D to excavate 880 ' of Great Pond Road and install a new concrete encased conduit system and one (1) manhole The new E911 emergency call system is in con3unction with this pro3ect They have the state permit and the North Andover Selectmen have given permission for New England Tel & Tel to open up the street when the hottop plant opens The closest work to the resource area is 80 feet M Hcward stated that he is comfortable that the site is 80 ' from the resource area The duration of the pro3ect will be five (5) days Tre Planning Department is not requiring a Special Permit Shallow excavation is 36" Motion by J Lynch to CLOSE the public hearing and issue an Order of Conditions within 21 days of receipt of the DEP # second by D Feltovic Vote unanimous 426-428 Pleasant Street, 242- , Gulezian Mr David Gulezian is the applicant and is present Mr Gulezian proposes to build a new garage and family room attached to his house The proposed family room and deck will be 80 ' from the edge of the pond The proposed pool and landscaping would not occur within 50 ' of edge of pond Merrimack Engineering delineated the wetland line Hazbales and silt fencing are to be placed around North Andover Conservation Commission, March 1, 1995 the work area prior to the start of construction The area is to be loamed seeded and stabilized as soon as possible after the completion of construction M Howard will view the site prior to the next meeting Mr Gulezian will not have to return to the next meeting unless there is a problem at the site Motion by J Lynch to CONTINUE to March 15, 1995 second D Feltovic Vote unanimous 980 Osgood Street, 242- , Ferreira Stephen E Stapinski of Merrimack Engineering was present representing the applicant John Ferreira The site work on the property involves the construction of a building addition adjacent to the existing bailding (North Andover Texaco Gas Station) The new addition will include 'Dunkin Donuts ' and commercial retail space There is some vegetation growing in bottom of wetland There is only an outlet on this property There is no cross culvert going across Rte 125 There is a 5 ' x 8 ' area of wetland that has no inlet just an outlet Mr Stapinski feels this area is not jurisdictional as it is not a resource area It is approximately 100 from the lake Motion by J Lynch to issue a NOTIFICATION OF NON-SIGNIFICANCE second by D FeltDvic Vote unanimous Boston Street, Opposite #305, 242- , Donald F Johnston Scott L Giles P P L S represented the applicant Mr Donald Johnson was also present The project is construction of a house and filling and replicating 1 300 s f of wetlands for common drive House construction is in the 100 ' buffer zone but it is outside the 50 ' line The applicant is applying for a permit from the Planning Department Mrs Maloney an abutter is present and in favor of this project Steve D'Urso flagged the property three- four months ago There is public water and septic tank The commission will do a site walk on this site The commission stated plans are to be revised showing 2 1 replication utilities flood plain information foundation drains and cross section of the wetland crossing Abutter Gary Ferton stated he is concerned with water runoff affecting his property Motion by J Lynch to CONTINUE to March 15 1995 second by D Feltovic Vote unanimous The site walk will be Saturday March 11 1995 at 8 00 A M North Andover Conservation Commission March 1 1995 DECISIONS 114 Boston Street 242-730 G Reich Lots 10 11 13 & 14 Concord Street 242- J Lynch Great Pond Road Rte 133 242- M Howard 426-428 Pleasant Street 242- M Howard Lot 3 Forest Street 242- Motion by J Lynch to issue Order of Conditions as written by D Feltovic second by G Reich Vote unanimous Lots 1-14 Hidden Pond Road 242-718 Motion by G Reich to issue Order of Conditions as written by J Lynch second by D Feltovic Vote unanimous Lot 6 Candlestick Road 242- Motion by J Lynch to issue Order of Conditions as written G Reich second by D Feltovic Motion by J Lynch to ad3 ourn at 11 30 P M second by D Feltovic Vote anamous Gdorge Reich Chairman