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HomeMy WebLinkAbout1995-04-05 Conservation Commission Minutes 4 i NORTH ANDOVER CONSERVATION COMMISSION APRIL 5 1995 SENIOR CITIZENS ' CENTER PRESENT George L Reich Joseph Lynch Robert Mansour Deborah Feltovic Joseph Mottola 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 the March 15 1995 meeting second by D Feltovic Vote unanimous NEW BUSINESS 242-715 - Jared Place Phase III, Conservation Restriction, Janusz M Howard requested this petition be discussed later in the evening 242-509, 140 Willow Street, Lot 9, Discussion, P Kneeland M Howard stated this item was discussed at a Technical Review Committee meeting on March 30 The applicant proposed changes to the project He would like to build a smaller building This site received an Order of Conditions September 13 1989 Extension Permit granted September 13 1992 with an expiration date of September 13 1993 M Howard inspected the area and stated they are not near compliance The site is not stable as various piles of sediment are stockpiled along the roadway and adjacent to wetland resource area Sedimentation and erosion controls are not satisfactory The wetland replication areas are unsatisfactory Mr Greg Leach of Channel Building Company was present The project is for a dialysis center His client is National Medical He presented a plan to the commission The building is 6 000 s f single story Inside the building there will be water pretreatment M Howard stated the replication is 8 1 G Reich stated there will be no extension to the Order of Conditions as this expired more than a year ago M Howard stated this is a vital project and there is a time constraint J Lynch stated work commenced some time ago and was never completed M Howard recommended an Enforcement Order be issued G Reich April 5 1995 2 stated that an Enforcement Order is for the benefit of the Act not the applicant The applicant asked for a Request for Determination G Reich stated the building is 9 feet from the wetland J Lynch stated the line on the plan is a re-tracing, the line has not been re- flagged G Reich stated the applicant will have to file a Notice of Intent R Mansour stated the Order of Conditions expired and a 21-day process would not encumber this project The applicant hopes to move the building away from the wetland, possibly 10 feet M Howard asked the commission about the $7 500 bond which is in place G Reich stated he wants replication in place G Reich recommends the applicant return with a new Notice of Intent R Mansour stated the commission would require a new plan G Reich stated no Enforcement Order will be issued at this time M Howard can issue an Enforcement Order in the field to prevent the repair of the replication area and the commission could ratify it at a later date 242-392, Rocky Brook Estates, Ext to OOC, Ben Osgood, Jr Ben Osgood Jr appeared before the commission requesting a 30-day extension to the Order of Conditions to verify the line Motion by J Lynch to issue the Extension to Order of Conditions 242-392 for 30 days, second by D Feltovic Vote unanimous 242-695, 525 Turnpike (Osco Drug) , Modification to OOC, T Kennedy Mr Thomas Kennedy of Kennedy Development Group, Inc was present regarding the development of Rte 114 Osco Drug He informed the commission that a church and two schools are to be moved off-site and over to Merrimack College A large volume of water has collected in the basement of these buildings and needs to be discharged Mr Robert Coppola of Merrimack College was present and presented the commission with photos of the area Mr Kennedy has a wetlands plan as it exists today Discussion ensued regarding the bridge being 40 feet wide within 80 feet of the wetlands R Mansour stated a former member of Merrimack College stated that the area always flooded Mr Kennedy stated the study concluded that the situation was not worsened, they are not crossing wetlands Mr Kennedy will submit written documents to the commission Osco wants to begin soon M Howard will walk the site with Robert Coppola J Lynch stated he wants the buildings to be moved easily with no damage to the wetlands A plan is to be drawn and presented to the commission M Howard stated there is 4 feet of water in a building There is a drainage problem Mr Kennedy stated with new construction new April 5 1995 3 drains will be put in He suggested the Conservation Chairman and the Building Inspector go to the site with the contractor The site across the street has hazardous waste on it J Lynch stated the water must come out of the building prior to razing it J Lynch stated the water that has to be pumped equals approximately 401K 80' (size of a swimming pool) A water test will be performed Motion by J Lynch to issue a MINOR Modification to allow relocation of existing buildings, second by D Feltovic Vote unanimous Pending water analysis and inspection in the field, the administrator may allow the discharge of basement water 242-715, Jerad Place Phase III, Conservation Restriction, Janusz M Howard submitted a draft Conservation Restriction limiting future access onto Lot 11 of Jared Place Phase III Ratification from the commission is required prior to approval by the Board of Selectmen Lot 11 did not appear to be included in the Jared Place Phase III Order of Conditions (242-715) Lot 11 is outside the 100 ' buffer zone Motion by J Lyncr to accept the Conservation Restriction second by D Feltovic `ote unanimous 242-452, Brook Wal , Christiansen Way Ext , Extend OOC, Antonelli M Howard stated this matter is in litigation with the Planning Board M Howard discussed the issues with Town Counsel Town Counsel recommends extending the Order of Conditions M Howard agrees based on tte wetland resource area being bordered by steep slope in topograpry and it is not likely to change to over time Motion by J Lynch to issue Extension to Order of Condition 242-452 for one year seccnd by D Feltovic Vote unanimous 242-546, 490 Sharpners Pond Road, Lot 91 Certificate of Compliance M Howard received a request from Atty Eugene Lucarelli regarding Lot 9 Sharpners Pond Road An Order of Conditions was issued for 490 Sharpners Pond Road Lot 4 (242-546) That Order specifically refers to Lot 4 and the long common driveway leading to Sharpner's Pond Road Lot 9 was part of the development Based on an inspection of Lot 9 it appears that an individual filing was not required as it is outside 100 ' of any wetland resource area The site is presently stable Motion by R Mansour to issue Partial Certificate of Compliance for Lot 9 ONLY second by J Lynch Vote unanimous April 5 1995 4 DECISION 242-734, Map 620 Parcel 5, Bradford Street The draft Order of Conditions was reviewed Motion by J Lynch to accept the Order of Conditions as drafted second by D Feltovic Vote unanimous PUBLIC BEARINGS 242-743, Lots 28 & 41 Salem Street, Messina Development The applicant requested continuance to the April 19, 1995 meeting to complete the alternative analysis Motion by R Mansour to continue to April 19 second by D Feltovic Vote unanimous 242-742, Boston Street, Opposite #305 - NOI and Fine M Howard informed the commission that the contractor crossed a wetland resource area with a backhoe in order to access upland parcels to conduct perc tests as required by the Board of Health The backhoe got stuck in the wetland soil and in the process of pulling out destroyed the wetland Scott Giles was present for the applicant Donald F Johnston Mr Giles presented the commission with an erosion control plan He stated that all checklist items have been addressed M Howard has the Compensatory Wetland Replication Plan as prepared by Steven J D'Urso Atty Brad Latham was also present and addressed the commission He stated that a piece of equipment crossed the wetlands when the land was cold The crossing was not willful and feels fines are not appropriate here G Reich stated that filing for a wetland to do a test pit is a new enforcement Scott Giles stated the area was not vegetated it was grass J Lynch stated he wants restoration as there was a violation M Howard stated he wants a fine levied based on square footage The wetland was crossed, it was dug up badly with a backhoe G Reich suggested issuing a Violation with a fine of $100 00 R Mansour stated the owner, Mr Johnston should have been made aware by his contractor ignorance is no excuse Motion by J Lynch to issue a Violation Notice for illegal wetland crossing with a fine not to exceed $100 second by D Feltovic Vote 4-0-1 Robert Mansour abstained Motion by J Lynch to close the public hearing and issue an Order of Conditions within 21 days second by D Feltovic Vote Unanimous April 5 1995 5 242-744, Lots 6 & 7 Lost Pond Lane and 14 Duncan Drive - Flintlock John Morin of Thomas E Neve Assoc Inc addressed the commission He stated the purpose of the request is to construct and install a water main from Last Pond Lane to Duncan Drive within the buffer zone of a bordering vegetated wetland (BVW) The request is to temporarily cross the BVW to gain access to Duncan Drive He displayed a plan for the commission to review There are no woods in that location The installation of the water main would be in late summer Mr Morin stated the path would be ten feet A construction sequence would be given to the state and commission will receive a cor+y The utility easement will be 20 feet The wetland flagging was done, he will have the utility flagged The Department of Public Works (DPW) requested the applicant to extend the water lane to Duncan Drive so the DPW could tie into it in the future Haybales will be placed within the 25' no-cut zone This filing is separate from the filing 242-718 (Lots 1-14 Hidden Pond Road) The commission wants the applicant to return with a detailed crossing plan R Mansour stated the 8" water line is going In 5 ' from the wetlands Mr Mansour stated he has concerns with a backhoe digging there Mr Mansour wants a minimum basis of 10 feet away from tl'e wetlands G Reach would lake 25 feet from wetlands The applicant is to return with information regarding distance from wetland Mr Morin stated the lane will be moved from the wetland as far away as possible An abutter of Boxford Street asked if this is the best plan for getting water in the area and wants to know of there is a plan for a water lane extension The abutter asked why sacrifice any wetland buffer zore of there is a plan to extend the water lane An abutter, Joe Lynch of 595 Foster Street asked about drainage issue Mr Morin stated the subdivision has come and gone This pro]ect is for the water main only An abutter Mr Casey of 166 Boxford Street, stated the development has affected his :basement The area is getting clogged Water keeps coming G Reich stated the plan as presented for that subdivision, assured drainage, as verified by the Town Engineer Motion by J Lynch to Continue 242-744 to April 19 1995 second by D Feltovic Vote unanimous 242-745, Lot 6A Lacy Street, John O'Mahony Mr Steve Ericksen of Norse Environmental Services addressed the commission The request is for constructing a single family home and grading within the buffer zone He stated the wetland area was re-flagged The water table was higher than what was on the plan This lot is narrow The house is 60 ' long with a 22 ' garage The house cannot be moved back and cannot be moved closer to the side lot The cellar floor is not very deep The applicant has a April 5 1995 6 Variance of 70 ' from the wetland from the Board of Health The slope is 3 1 coming down to the wetland The area is grassed and seeded The habitat is Blandings Turtles They have a letter from the Division of Fisheries & Wildlife The proposed dwelling is 22 ' from the wetland, the proposed driveway is 180 from the wetland M Howard stated the lot is extremely flat He would be inclined to waive the setback J Lynch suggested moving the driveway to the right side Mr Ericksen replied the septic tank would have to be moved and it would be impractical The existing well is nearly 100' from the wetlands There will be no work within 100' of wetland from the back line The stamp on the plan is by a Registered Sanitarian J Lynch stated a foundation drain is required J Lynch will consider a no-cut waiver with a retaining wall G Reich stated the grade is 20 percent Mr Ericksen stated the slope is not difficult to maintain G Reich stated a 3 ' no-cut will not be recommended He stated there are two lines which equal 120' The house equals 60 ' The setback is 30' which leaves 30 ' from the wetland The applicant could limit grading or put in a retaining wall 10' back from the wetland G Reich would lake the applicant to get to 25' no-cut zone The commission would like the dwelling relocated The owner was present and stated that in 1989 a Request for Determination of Applicability was approved by the commission G Reach stated that the Bylaw is more stringent now than in 1989 The site has possibly changed in six years R Mansour suggested continuing the public hearing so the applicant could return with a plan showing 25' no-cut The applicant requested a continuance to the next meeting Motion by J Lynch to continue 242-745 to April 19, 1995 second by D Feltovic Vote unanimous 242-747, Lot 11 Dale Street, Glenn T Saba dba Mertco Bldrs Mr Glenn Saba d/b/a Mertco Builders was present before the commission The purpose of this request is for the construction of a single family dwelling and septic system within the 1001 buffer zone, which meets the Bylaw requirements of the 25 ' no-cut and 50 ' no-build zones The zone was re-flagged the same day the Notice of Intent was filed (March 21 1995) An abutter, Robert Seneck of 878 Dale Street addressed the commission He stated that he moved into the area five years ago There is wildlife in the wooded area He was notified of this public meeting and feels that since notification was necessary he should have concerns G Reich stated that the Act requires notification to abutters if there is work within 100 ' of wetlands The building is 60' from the wetland Mr Joe Skeba an abutter, April 5 1995 7 had concerns for the wildlife and feels the same at Mr Seneck Motion by J Lynch to close the public hearing an issue and Order of Conditions within 21 days, second by D Feltovic Vote unanimous 242-749, Berry Pond Road, Commonwealth of Mass DEM Mr Stuart Weinreb of the Commonwealth of Mass Department of Environmental Management, addressed the commission Mr Weinreb is the Project Manager for work at the proposed Berry Pond Day Use Area located on Berry Pond Road in the Harold Parker State Forest The proposal is to re-establish a day-use facility at Berry Pond Included are a new bathhouse (outside the buffer zone) a picnic area and pavilion and handicapped access to the restored beach As part of the beach restoration, the DEM proposes to remove existing vegetation and replace beach sand The DEM proposes to dredge less than 50 cubic yards of sediment from the pond bottom in the vicinity of the beach Mr Weinreb stated that in the mid 1970s there was a bathhouse which was burned and was never again used Funding has now been granted for this site He suspects the pond was filled in the 1970s The Commonwealth wants to protect the resource allowing the public to use the facility The beach is a sand beach with vegetation encroaching They want to scrape the existing vegetation and replace it with clean sand approximately 4 000 s f or less There will be a handicap walkway to the beach with concrete and bluestone stairs They will replant native species and new lawn for picnic area The septic system is outside the buffer zone The parking is outside the buffer zone G Reich asked for construction sequence for dredging The applicant will hold off on the project until June because of fish spawning The Corp of Engineers does not require the filing because the dredging is less than 100 cubic yards This project requires dredging of 50 cubic yards Site plan approval is not required Disposal of the spoils area is within the state forest They will dump de-water and use for fill The dredging equipment will be a clamshell or a rubber-tired backhoe There is 6" of dredging involved The slope of the bank is the beach area The large picnic area is in the grass area The beach would be raked frequently The stone walls were built in the depression era The new stairway would stop erosion The length of time for the dredging would be a few days The project is being done by the DEM with an outside contractor/landscape architect through a public bid Mr Weinreb is the project manager There is existing pavement on two parking lots, the third parking lot is proposed Water runoff can be directed away from the April 5 1995 8 walkways Mr Weinreb would consider two paved lots and one gravel lot The water runoff will have no impact on anything adjacent to paved parking area M Howard suggested Mr Weinreb talk with the Town Planner Mr Howard also would like something in writing from the Corps Ms McClory, an abutter, asked where the sand pit is located Mr Weinreb stated he did not see any houses near the sand pit The applicant will return to the commission with specific area of sand pit Ms McClory stated the only sand pit is near the residential area The Town of Ando%er Conservation Commission has a copy of this filing A male abutter wto lives 100 ' from the parking lot stated that Stearns Pond was closed because of leaches The parking was for 90 cars and there were cars lined up and down the street because the parking lot was full He is concerned with any gas and oil runoff from a gravel parking lot The erosion at Berry Pond is there because the state drives trucks to the pond to put fish in it Middleton Road is a private Road Martin Fisher abutter stated the north parking lot has a spillway He asked for an explanation of filing for work done in wetlands M Howard explained the process of the filing Mr Fisher asked what the criteria of the commission is M Howard informed Mr Fisher that the commission is to ensure the guidelines J Lynch stated the commission ensures the protection or replication of a wetland area Mr Weinreb stated the DEM follows the state code Mr Weinreb stated the beach will have a full-time year-round staff There wil_ be no state controls in the beach They will mow the lawn This beach is for all residents of the Commonwealth Berry Pond has t`ie best water quality in Harold Parker State Forest There is no action to keep the water clean in the pond Swimming does not effect the pond The pond is spring fed with one outlet G Reich stated this project is a Limited Project The commission has to approve this type of project This falls under the State's Limited Use Project Acts Mr Scott Loyal of Middleton Street stated the issues go beyond just the use of the pond There are wetlands all around the pond G Reich stated the commission will view the site Ms Pat Damrong of Harold Parker Road stated there is a pond near the Ranger Station and feels if the state wants to spend money to revamp a pond that pond near the station would be better suited Mr Weinreb statea that was Stearns Pond and the state closed it April 5 1995 9 last year because of leaches Dredging will not eliminate leaches J Lynch stated tie dredging will equal approximately two trailer truck loads Abutter, Paul Damrong asked about access to the parking lot Mr Weinreb showed the plan to the abutter and indicated there kas a gate present The gate is at Berry Pond Road There is another gate past the parking lot Motion by J Lynch to continue to April 26, 1995, second by D Feltovic Vote unanimous 242-748, Peterson Road, Hillside Realty Trust-(Nadine Lane Connection) Mr Steve Stapinski of Merrimack Engineering Services presented plans to the commission The project is for the construction of roadway connecting to Nadine Lane Peterson Road is within Meadowood III Subdivision The Planning Board required the applicant to file with the Conservation Commission The work involves altering 4900 sq ft resource area to construct a roadway (limited access) through to Nadine Lane Erosion control during construction is proposed, roadway will be paved, 4900 sq ft wetlands replication will be provided M Howard stated the only benefit is to throw traffic at the commission Mr Stapinski stated the Department of Public Works and Planning do not want retaining walls Mr Stapinski stated that if the commission denied the request, then the Planning Board could assemble 10 people to file and appeal His client could appeal based on the Planning Board request An access way has to be eliminated eit�her Willow Street or Hillside Road so traffic could be filtered to Rte 125 R Mansour is against this project J Lynch stated he clearly sees the public safety concern If Planning states that they are closing off an access because of public safety and the commission could replicate the area, then he would like applicant to come in for consideration M Howard stated that in the best interest of the Act there is no reason for the applicant to be before the commission Mr Stapinski suggested wetland enhancement and replication The commission could negotiate a design more sensitive to resource area An abutter from 303 Hillside Road stated the Canadian Geese are gone Traffic cuts through McLay' s and Jasmine's The abutter has seen the water mark go up since the development Mr Stapinski asked for a continuance J Lynch wants a road shut down and the wetlands restored Motion by J Lynch to continue to April 26 1995, second by D Feltovic Vote 4-1-0 Mr Mansour opposed April 5 1995 10 EXECUTIVE SESSION G Reich polled the commission regarding entering Executive Session with respect to Lot 1 Dale Street J Lynch Yes R Mansour Yes D Feltovic Yes J Mottola Yes The commission returned from Executive Session at 11 30 P M DECISIONS 242-734, Map 62, Parcel 5 - Bradford Street, C/M Realty Trust Motion by J Lynch to Issue the Order of Conditions as drafted second D Feltovic Vote unanimous 242-742, Boston Street, Opposite #305 G Reich to draft Order of Conditions - due April 26, 1995 242-747, Lot 11 Dale Street M Howard to draft Order of Conditions - due April 26, 1995 SITEWALR The commission will conduct a sitewalk Saturday April 8 1995 at Berry Pond Harold Parker State Forest Motion by J Lynch to ad3ourn at 11 45 P M , second by D Feltovic Vote unanimous G4orge L Reich Chairman