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HomeMy WebLinkAbout1995-03-15 Conservation Commission Minutes Page 1 NORTH ANDOVER CONSERVATION COMMISSION MARCH 15, 1995 SENIOR CITIZENS' CENTER PRESENT George L Reich Joseph Lynch Albert P Manzi Jr Deborah Feltovic Joseph M Mottola Walter Gangl STAFF Michael D Howard Donna Mae D'Agata Julie Parrino G Reich called the meeting to order at 7 00 P M MINUTES Motion by J Lynch to accept the minutes of March 1 1995 second by D Feltovic Vote unanimous NEW BUSINESS North Andover Trails Committee - Discussion Michael Goriansky Sylvie Race members of the Trails Committee and Mr George Perna were present Mr Perna addressed the commission regarding the Trails Committee financial request to the commission for monetary support for the quarterly newsletter Mr Perna stated that he personally funded the newsletter last quarter at a cost of $80 In the future, a $5 00 subscription fee will be charged Mr Goriansky provided the commission with a copy of the most recent newsletter He stated that bicycle trails will be identified to accommodate a bikeway preparation of Osgood Hall description for Oren Space Guide prepare map showing existing and planned trails for use by the Planning and Conservation Departments W Sangl asked if they had been in touch with the Commonwealth Mr Goriansky responded in the affirmative and stated that funds would be available G Reach stated ze was impressed with the newsletters he had received in the past and he is in strong support of this committee and supports appropriating funds from the filing fees for this request especially of each newsletter has a conservation article J Lynch stated he would lake to see M Howard with interpretive ideas for trails D Feltovic stated the program would be beneficial A Manzi stated there should be no violation of any land owner's property He is in favor of the bikeways if there are no violations on the property rights of the land owners M Howard stated he would ensure no land owner's property rights would be violated and he is in support of the Trail Committee 100 percent M Goriansky stated there are currently 182 names on the mailing NACC March 15, 1995 Page 2 list There are no dues at this time Motion by A Manzi to appropriate $500 from the filing fees for the remainder of the calendar year, second by D Feltovic Vote unanimous North Andover Estates, 242-585, Extend Order of Conditions North Andover Estates, 242-600, Clarification Order of Conditions North Andover Estates, 242-675, Clarification Order of Conditions Mr Patrick Seekamp of Wetlands Preservation Inc (WPI) representing Toll Brothers Inc, addressed the commission Mr John Damrich of Toll Brothers was also present The request is for an extension to the Order of Conditions 242-585 which expires June, 1995 and clarifications of Orders of Conditions 242-600 and 242-675 Mr Seekamp presented a letter to the commission which addressed the current status of the manor areas of concerns on North Andover Estates and North Andover Heights subdivisions Toll Brothers will have a street sweeper clean the roads periodically A Manzi stated that the sweeping has been a requirement for three years Mr Seekamp stated that WPI is performing period_c site inspections and will file reports with this commission M Howard stated that Mr Seekamp's letter was accurate He also stated that some improvements are needed He would like to see specific timetables A Manzi stated that Toll Brothers was never successful in keeping silt from entering the pond Mr Seekamp stated he would provide a restoration plan to the commission The site is exclusive of homesites G Reich stated he wants the timetable prior to an extension A Manzi stated that timetables have been provided since 1992 He further stated that no silt can be controlled on this site The commission has been patient for the past three years The pro3ect is unable to comply with the Order of Conditions He stated that no partial compliance no funds released will be issued No hydro rehab was done There were numerous violations issued M Howard stated Toll Brothers has complied will all his requests since his employ Mr Damrich requested that M Howard provide alist of past violations and remedies to Toll Brothers A Manzi stated that he would work with M Howard regarding previous agreements Lot 1 Dale Street, 242-543, Discussion Mr Steven Stapinski of Merrimack Engineering Services was present representing the applicant He presented a site plan to the NACC March 15, 1995 Page 3 commission This project is currently in litigation The Notice of Intent was filed with the NACC on January 28, 1991 An Order of Conditions (242-543) was issued March 15 1991 requiring the establishment of a 50' non-disturbance zone and an 80' no-construction zone from all wetlands The applicant appealed the Order of Conditions to the Department of Environmental Protection (DEP) The DEP issued a superseding Order of Conditions which supersedes all previous Orders issued for this project 242-543 The NACC appealed that Order and an adjudicatory hearing will be scheduled in June or July of this year The site plan presented this evening shows more wetlands than the original filed plan This modified plan shows the house (which is smaller) 501 from, the wetlands The house has been turned 90 degrees He would like this modified plan to go to the DEP He will ask the DEP to modify their Order to reference this plan He would like the NACC to forward a letter to the DEP stating its withdrawal of the appeal G Reich questioned the Planning Watershed Protection Bylaw Mr Stapinski stated that is being held in abeyance until Planning hears from the NACC G Reich stated that the commission will move to Executive Session regarding this matter Mr John Leeman stated he hoped the parties could work things out Motion by J Lynch to enter Executive Session at the end of the Public Hearings, second D Feltovic Vote unanimous Great Pond Estates, 242-365, Extend Order of Conditions Daniel J Bailey, III Esq was present representing Eight Meadows Realty Trust The request is to extend Order of Conditions NACC #3 This is a 26-acre parcel six-lot subdivision project on Great Pond Road adjacent to Lake Cochichewick The subdivision is serviced by sewer The subdivision road will cross over wetlands Mr Bailey informed the commission of the history of this project with the NACC He is requesting Modification of Order of Conditions NACC #3 only, which modification should reflect that construction will be in accordance with plans entitled "Great Pond Estates A Definitive Subdivision Plan in North Andover Massachusetts" prepared by DeFeo, Wait & Associates Inc dated October 7, 1991 last revised December 11, 1992 On the present record, the expiration date for NACC #3 is confusing In August 1994 the applicant received modification of NACC #3 and 242-365 to incorporate plans dated December 11 1992 The date of issue states December 12, 1994 NACC March 15, 1995 Page 4 He wants clarification of NACC #3 to be consistent with 242-365 He suggests the expiration date of NACC #3 be set as September 10, 1996, which is the date on which Final Order 242-365 will expire Motion by A Manzi to re-issue modification referencing NACC #3 and to set the expiration date to September 10 1996 consistent with the Final Order :)f Conditions 242-365, second by D Feltovic Vote unanimous New Castle Estate,, 242-385, Certificate of Compliance Blue Ridge Road Est , 242-591, Certificate of Compliance Lancaster Road, 242-592, Certificate of Compliance Mr Patrick Seecamp was present representing First City Development Corporation He is requesting a Certificates of Compliance and Bond Releases for 242-385, 242-591 and 242-592 Written request was made to the NACC in November 1994 M Howard reviewed the files and the sites They are satisfactory Replication was approximately two years ago Motion by J Lynch to grant Certificates of Compliance and Bond Releases for each nro3ect pending receipt of payment of $50 00 for each request second by D Feltovic Vote unanimous PUBLIC HEARINGS Notices of Intent Lot lA Forest Street - 242-735 William Barrett was present The project is for the construction of a single famill dwelling and drive within the buffer zone of a bordering vegetated wetland Approximately 25, 380 s f of buffer area will be disturbed Motion by J Lynch to close the Public Hearing and issue an Order of Conditions within 21 days second by A Manzi Vote unanimous Lot 2A Forest Street - 242-736 William Barrett was present The project is for the construction of a single famill dwelling and drive within the buffer zone of a bordering vegetated wetland Approximately 15 100 s f of buffer area will be disturbed Motion by J Lynch to close the Public Hearing and issue an Order of Conditions within 21 days second by A Manzi Vote unanimous Lot 4 Forest Street - 242-738 William Barrett was present The project is for the construction NACC March 15 1995 Page 5 of a single family dwelling and drive within the buffer zone of a bordering vegetated wetland Approximately 4,400 s f of buffer area will be disturbed Motion by J Lynch to close the Public Hearing and issue an Order of Conditions within 21 days second by A Manzi Vote unanimous Lot 8 Hillside Road, 242-733 Philip G Christiansen was present He presented a revised site plan to the commission dated Jan 12 1995 REV Feb 10 1995 Mar 15, 1995 Mr Christiansen stated the wetland flags are closer to the house The flags in the field were correct The applicant would l-ke to maintain the house which is shown on the plan The 25' no-construction setback presents a hardship They would like to create wetlands equivalent to an area back from the house to offset J Lynch stated he would not recommend cutting trees Dr Contarino, the owner of the lot is present and stated he would like to develop the lot and sell it to Mr Cronin G Reach stated the 25 ' no-construction setback is an absolute requirement The house as it is on the plan does not allow for the 25' Dr Contarino stated that a perc test was done seven years ago In 1987 vegetation was found Thirty-one years ago there was no vegetation on this land The surrounding developments cause the wetlands on this property P Christiansen stated no test pits have been conducted A Manzi stated the slope is the same as Claypit Hill The soils in this area cannot be filtered on controlled If the hill was opened the pond would be annihilated G Reich wants to waive the 50' no build zone but not the 25 ' no cut/no disturbance: zones The applicant wants the current plan as the footprint A Manzi stated the commission could hold to the 25 ' no build which would send applicant to zoning G Reich is opposed to filling wetlands as opposed to setbacks A Manzi agrees A Manzi stated the issue is to protect the wetland If soil could be filtered he would consider another view of the property Philip Christiansen requested continuance of the hearing M Howard stated he tas to take a second look at the site and base setbacks on soils A Manzi stated that area has many springs Philip Busby an abutter spoke regarding the pond which is spring NACC March 15 1995 Page 6 fed The pond is rich in wildlife resources An abutter asked what the status of the Wildlife Habitat Study was that she requested two meetings back G Reich informed her that M Howard would do research Patrick Seecamp stated that the NACC could request evaluation of habitat attributes known as a habitat value The commission discussed and agreed that the act and bylaw do not require a Wildlife Habitat Evacuation on this site The NACC does require soil anaylses runoff calcs and a review of alternative house positioning Philip Christiansen requested continuance to the April 19 1995 meeting Motion by A Manzi to continue to April 19 1995 second by D Feltovic Vote unanimous Map 62, Parcel 5, 242-734 - Bradford Street Jerry Foley of Belanger & Foley, Inc was present and stated that he filed for a Special Permit with the Planning Board Mr Foley stated he gave M Howard a letter dated March 15 1995 today regarding his meeting with the USDA Conservation Service There is an existing gravel road approximately 820 ' in length with an average slope of 5% There is a trail in the wooded area There are three wooded sections to the trail a 1200 ft length on Parcel A a 480 ft section on Parcel B and a 600 ft length on Parcel B The paths go with the grades There will be haybales places which will seed and the haybales will be spread across the trails Motion by J Lynch to close the public hearing and issue a decision within in 21 days, second by A Manzi Vote unanimous 426-428 Pleasant Street, 242-739 M Howard stated that he viewed the site The site is satisfactory Motion by J Lynch to close the public hearing and issue a decision within 21 days, second by A Manzi Vote unanimous Boston Road, Opposite #305, 242-742 Scott Giles filed a. letter with the commission dated March 14, 1995 requesting continuance of the Public Hearings for Lots 5 and 6, Boston Street to Aoril 5 1995 Motion by J Lync1 to continue to April 5, 1995, second by A Manzi Vote unanimous NACC March 15 1995 Page 7 Lots 28 & 41 Salem Street, 242-743 Philip Christiansen was present representing the applicant Messina Development Corp This is a 23-lot subdivision on Salem Street near Turtle Lane which is surrounded by state forest land This request is for construction of a residential roadway that involves the filling of 8 260 s f of bordering vegetated wetland, the alteration of bordering land subject to flooding, and work in the buffer zone Access from Salem Street is across the brook Mr Christiansen displayed a plan before the commission A major issue is the drainage They have proposed four detention ponds Calcs have been forwarded to the town's consultants Compensatory wetlands have been proposed to compensate for filling at crossing J Lynch stated the wetland replication area is 8350 s f The ratio is 1 1 Philip Christiansen stated the replication area is used for compensatory flood storage G Reich stated the Bylaw does not allow 5000 s f of fill A Manzi stated past practice has been a ratio of 2 1 The commission will hold him to 5000 s f of filling Philip Christiansen stated the Department of Environmental Management (DEM) asked for road and 20 ' wide gravel drive also 25 ' no-cut buffer around whole subdivision with the exception of the septic system The land was flagged in 1994 The topo is new Steve D'Urso delineated M Howard has not checked the line Abutter Don Deadder stated the brook is stocked with trout Abutter B Adams stated during rain storms, there is flooding The commission stated there would be a site walk and the abutters are welcome to attend Philip Christiansen stated the perc tests were done last year M Howard is to view the line The site visit will be Saturday March 25, 1995 at 8 00 A M Motion by J Lynch to continue the hearing to April 5 1995 second by A Manzi Vote unanimous NACC Public Hearing - Revisions to Notice of Intent Filing Fees M Howard proposed the adoption of the state's filing fee schedule for Notices of Invent The commission favored a fee system based on linear feet of wetlands rather than categories as DEP mandates Motion by J Lynch to adopt filing fee structure to Notices of Intent adaptable to Request for Determination $25/100 ft of resource line, second by A Manzi Vote unanimous NACC March 15 1995 Page 8 Septic to Sewer Hookup J Parrino presented plans to the commission M Howard is to use his judgment regarding Notice of Intent or Requests for Determination with the end result being - protected wetlands Draft a generic RDA for future use File a generic RDA with NACC EXECUTIVE SESSION G Reich polled the commission regarding entering Executive Session with respect to Lot 1 Dale Street J Lynch Yes A Manzi Yes D Feltovic Yes W Gangl Yes J Mottola Yes The commission returned from Executive Session at approximately 11 00 P M DECISIONS Map 62 , Parcel 5, 242-734 - C/M Realty G Reich 426-428 Pleasant Street, 242-739 Motion by J Lynch to issue the Order of Conditions second by D Feltovic Vote unanimous Lot 1A Forest Street 242-735 Motion by J Lynch to issue the Order of Conditions second by D Feltovic Vote unanimous Lot 2A Forest Street 242-736 Motion by J Lynch to issue the Order of Conditions, second by D Feltovic Vote unanimous Lot 4 Forest Street 242-738 Motion by J Lynch to issue the Order of Conditions second by D Feltovic Vote unanimous 114 Boston Road, 242-730 Motion by J Lynch to issue the Order of Conditions second by D Feltovic Vote unanimous Lots 10 11 13 14 Concord Street 242-740 Motion by D Feltovic to issue the Order of Conditions second by J Mottola Vote unanimous Motion by J Lynch to adjourn second by D Feltovic Vote unanimous George L Reich Chairman