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HomeMy WebLinkAbout1995-04-19 Conservation Commission Minutes NORTH ANDOVER CONSERVATION COMMISSION APRIL 19 1995 SENIOR CITIZENS' CENTER PRESENT George L Reich Joseph Lynch 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 April 5 1995 second by J Mottola Vote unanimous DECISIONS 242-742, Boston St , Opposite #305, Johnston Motion by J Lynch to issue the Order of Conditions as drafted second by J Mottola Vote unanimous 242-747, Lot 11 Dale Street Motion by J Lynch to issue the Order of Conditions as drafted second by J Mottola Vote unanimous NEW BUSINESS 242-587, Lot B Great Pond Road, Extension to Order of Conditions M Howard addressed the commission A Violation Notice was issued on April 7, 1995 for the following outstanding conditions #22 no progress reports were submitted to the Commission Office #24 unsatisfactory sedimentation/erosion control and 438 no bond agreement was filed M Howard stated that all outstanding issues were resolved within 48 hours The applicant requires an extension of 60 days to the Order Of Conditions Motion by J Lynch to issue an Extension to the Order of Conditions for 60 days second by J Mottola Vote unanimous 242-634, Woodland Estates, 1737 Turnpike Street, Enforcement Order and Modification to Order of Conditions M Howard issued an Enforcement Order last March because wetland replication had not been performed prior to the waterway crossing No work has occurred at the site since the issuance of this order NACC MINUTES 2 APRIL 19, 1995 Mr William Bergeron of Hayes Engineering was present as well as the owner, Mr Cormier, and Libby Wallis a botanist of Hayes Engineering Mr Bergeron addressed the commission and presented modified plans The modified plans detail new replication areas The total area of wetlands to be replaced is approximately 3 080 s f and increase of approximately 660 s f from the initial proposal Ms Wallis will be on site full-time Ms Wallis displayed a plan Wetlands crossings are between Lots 4 and 5 second crossing between Lots 5 and 6 and 29 Oxbow crossing between Lots 26 and 7 and 21 and 20 The location change to the replication area ,are the result of the walk by herself and M Howard The bridge has been installed All areas are staked in the field The wetlands progress reports states there are existing shrubs to be salvaged and nursery shrubs to be purchased G Reich asked for approximate dates Mr Bergeron stated that replication would take 7 to 10 days commencing in approximately one week Ms Wallis stated the excavation will be 18 inches below bottom elevation The plants will be 10 feet apart or less mulched with hay They will try to avoid cutting trees G Reich asked why the plantings would be 10 feet apart Ms Wallis stated that would allow the plants to grow to full width M Howard stated the modification is for 3 000 s f of replication M Howard stated tzat Ms Wallis must be on the site full-time He requests twice per year monitoring reports J Lynch requests the soils be looked at for likelihood of survival He requests M Howard to see the soil in place J Lynch requests completed file with plans M Howard stated no protection of replication is shown on the plan but it is in place in the field G Reich stated the applicant has been before the commission several times Mr Reich asked what assurance Mr Cormier could provide the commission that the work will be satisfactory Mr Cormier stated that all his equipment will be on the site with his son Robert Mr Bergeron stated that Ms Wallis will be on site full time Mr Cormier stated replication will be done and nothing else G Reich stated that Ms Wallis must be on site during replication No other work will be allowed The Enforcement Order will not be lifted until M Howard states replication is complete Motion by J Lynch to Modify the Enforcement Order to allow the developer to re-establish replication area only as directed by the Natural Resource/Land Use Planner (Michael D Howard) and the Botanist (Libby Wallis) of Hayes Engineering, second by J Mottola Vote unanimous Motion by J Lynch to Lift Enforcement Order when the replication area is satisfactory to the Natural Resource/Land Use Planner, second by J Mottola Vote unanimous Motion to issue MINOR Modification to .include the revised plan NACC MINUTES 3 APRIL 19, 1995 drawn by Hayes Engineering dated April 11, 1995 second by J Mottola Vote unanimous PUBLIC HEARINGS Notice of Intent 242-750, Lot 2 Anne Road, Paisano Realty Trust Mr Steven Stapinski of Merrimack Engineers presented plans to the commission The Notice of Intent is to alter land at Lot #2 Anne Road for the purposes of the addition of a garage and living area to an existing house A 50' No Build Zone Waiver Request has been filed with the commission J Lynch noted this site is not in the Watershed Protection District There is a stone wall two feet from the proposed addition M Howard stated it is an old farm wall J Lynch is concerned that the wall may tumble during construction M Howard stated the wetland was not delineated Mr Stapinski stated the wetland line on the plan is from the original filing which is three years old G Reich wants the line established prior to a decision for the Waiver Request G Reich wants a greater distance between the house and the stone wall Motion by J Lynch to CONTINUE 242-750 to May 17 1995, second by J Mottola Vote unanimous Request for Determination North Andover Middle School, 495 Main Street Dinisco Design Partnership filed a Request for Determination of Applicability to alter land at the North Andover Middle School at 495 Main Street fcr the purposes of construction of an addition to the existing Middle School Mr Richard Rice of Dinisco Design displayed a Delineation Plan before the commission showing the existing building, the proposed building addition proposed access road and proposed parking area Mr Joseph Cushing of Kaminski & Associates stated he flagged the wetlands on site Mr Cushing stated the wetlands do not meet the Mass Wetland Protection Act nor the Army Corps of Engineers Standards Hydric soils hydrology and wetland vegetation exist on site for more than 1, 000 s f thus making this site 3urisdictional under the North Andover Bylaw M Howard is in agreement with the line as shown as flags 1 thru 17 on the plan Mr Cushing stated the wetland is not significant to stormwater NACC MINUTES 4 APRIL 19, 1995 storage Does not meet the criteria of vernal pool He asked for a Negative Determination He feels the wetland is not significant to the Act W Gangl asked if any other layout was looked at other than this layout in the detland area Mr Kenneth Dinisco stated consideration was given to a two-story building in another area and other alternative were considered The educational needs of the school were considered along with the parking the end result was the plan as presented offers the best solution Currently there are 170 parking spaces 200 would be provided G Reich stated the question before the commission is is this or is this not a wetland M Howard walked the site with Mr Dinisco M Howard stated that yes this is a wetland under the local bylaw G Reich stated freshwater wetlands are present Mr Cushing stated the value of the wetland conforms to the Wetlands Bylaw G Reich stated the Bylaw references items under the State Act of which 8 interests or values are listed M Howard stated the values are limited Mr Cushing stated the road could be moved J Lynch stated a Negative Determination could be issued with conditions Mr Cashing is willing to accept conditions G Reich sees this as a Positive Determination and he wants 3urisdiction over the replication A Negative Determination with conditions does not provide the NACC the oversite needed He wants a Notice of Intent filed Mr Cushing asked for specifics from the commission J Lynch wants 25 ' no disturbance zone 500 no build zone Replicatior to be 2 1 for every square foot G Reich asked if any abutter had any questions or comments Pat Glynn of 73 Bradstreet stated that the land is wet Her land abuts this site In June she must wear boots She wants a guarantee that she will not have more water when the road goes through J Lynch stated the commission upholds flood control so that it will not worsen nor lessen current siltations G Reich stated the Department of Public Works is reviewing the drainage Joe Kulash of 55 Bradstreet has drainage concerns He asked if the road will be at the same grade as the driveway Mr DiNisco responded in the affirmative and stated that the drainage will take care of runoff Mr Kulash wants the commission to realize they are dealing with a precious resource Mary Lafond of Tavern Road has concerns with water runoff Joan Kulash has concerrs with impact on environment G Reich stated that if a Notice of Intent was filed an Order of Conditions would require drainage and replication Mr Cushing stated they are trying to keep the impact to a minimum G Reich stated the commission is here to determine if this is a resource area or not The water runoff quality is a concern of the NACC MINUTES 5 APRIL 19 1995 commission Alberto Anglus of 561 Massachusetts Avenue had concerns regarding replication as did Mr John Earl of Woodridge Road G Reich explained that crossing a wetland of 3 000 s f would require a replication area twice that size Mr Hurley of 66 Bradstreet statea water is consistently flowing between the properties of Lafond and McCabe Mr Paul Lafond of 16 Tavern Road stated the water comes off the athletic fields, the catch basins can't handle the flow Mr John McCabe of 5 Tavern Road had drainage concerns Mr Cushing asked for a ruling from the commission Motion by J Lynch to Issue a Positive Determination sub3ect to Section II, Subsection 4 a b, and c second by J Mottola Vote unanimous Notices of Intent 242-733, Lot 8 Hillside Road Mr Philip Christ.Lansen was present He stated the applicant is Cronin, the owner is Contarino In response to the commissions concerns of the March 15 1995 meeting he displayed revised plans before the commission Alternative #1 1s a plan dated March 20 1995 The house style has been changed The house is outside the 25' no disturbance zone The limit of fill is 5 600 s f the limit of excavation is 3 890 s f The alternative would be to go before the Zoning Board of Appeals (ZBA) for a variance of 10 feet J Lynch stated he prefers encroachment of a sideline rather than encroachment of a resource The cut slope would then be 3 feet J Lynch stated he will appear before the ZBA to support the request of a variance G Reich stated the commission will direct M Howard to write a letter to ZBA which would include J Lynch attending their meeting J Lynch stated the foundation drain must be shown on the plan G Reich wants the runoff facts gutters on the house diverting flow away from resource area limited clearing driveway runoff away from resource area M Howard suggests support of the plan dated April 19, 1995 rather than the plan dated March 20, 1995 Mr Philip Busby an abutter asked about the depth of excavation, Mr Christiansen responded, high of 81 , low of 4 ' He asked if there was any ledge present Mr Christiansen stated he did not know Mr Christiansen stated the water runoff could be tied into the foundation drain on the west side of the driveway There is Paxton soil present Mr David Marshall, an abutter, asked about underground siltation and blasting should ledge exist G Reich stated the depth of the cut has been decreased, any water will head toward the pond Mr NACC MINUTES 6 APRIL 19, 1995 Marshall asked if Mr Busby's pond will be protected J Lynch responded that he believes it will be J Lynch stated that nothing can be cu- in the wetlands and nothing can be cut 22 ' to 25 ' from the wetlands G Reich wants an Erosion Control Plan and he suggests an Environmental monitor be assigned Motion by J Lynch to CONTINUE to May 17 1995, second by J Mottola Vote unanimous 242-743, Lots 28 & 41 Salem Street (Evergreen Estates) Mr Philip Christiansen was present and addressed the commission This matter was continued from the April 5 1995 meeting so that the applicant could complete an alternative analysis Plans were displayed The original plan stated 8 260 s f of bordering vegetated wetland (BVW) to be filled A Conceptual Plan was displayed which stated 4 750 s f of BVW to be filled Another plan was displayed which stated 6, 329 s f of BVW to be filled The commission discussed the various plans Mr Christiansen stated the sidewalk has been eliminated by the Planning Board The commission discussed safety issues G Reich stated he prefers the causeway Mr Christiansen stated that Mr Farr owns the roadway Dr Smith accesses his property through Mr Farr's roadway J Lynch stated a Limited Use Proj ect must be the same owner Mr Christiansen stated 5,000 s f would be considered a Limited Use Project and is permissible under the Act G Reach directed M Howard to obtain a legal opinion from Town Counsel Mr Christiansen stated he would also consult with his counsel Also, the applicant was directed to look for other alternatives in the area to the left of the current proposed crossing Mr Ian Danis of 1641. Salem Street expressed concerns regarding water runoff The causeway was discussed and M Howard and J Lynch stated they are not in favor of it J Lynch wants two boring with hand auger at Stations 2+0 and 3+0 Motion by J Lynch to Continue to April 26 1995 second by J Mottola Vote unanimous 242-744, Lots 6&7 Lost Pond Lane and 14 Duncan Drive Mr John Morin of Neve Associates appeared before the commission Mr David Kindred of Flintlock, Inc , the applicant was also present Revised plans were presented to the commission which showed proposed water main extension The water main was relocated NACC MINUTES 7 APRIL 19 1995 to outside the 25' no-cut zone A 200 s f wetland alteration will be replicated imnediately G Reich asked why a construction sequence was sent to the DEP and was only copied to the commission Mr Morin stated that the DEP requested it G Reich informed Mr Morin that the commission requested the report at their last meeting The water main wi_1 go between two driveways for Lot 7 G Reich stated the plan as presented appears satisfactory Barbara Adams of 1634 Salem Street asked if she would be charged any assessment because of the water main Mr Morin stated the abutters are not responsible for any costs incurred The developer is incurring all costs associated with this pro]ect Motion by J Lynch to Close the Public Hearing and issue an Order of Conditions within 21 days, second by J Mottola Vote 3-0-1 W Gangl abstained 242-745, Lot 6A Lacy Street Mr Steve Ericksen of Norse Environmental Services appeared before the commission Mr Ericksen appeared at the April 5 1995 meeting and requested continuance to this evening so that he could present a plan showing the 25' no-cut zone He presented the commission with a revised plan and stated the house could not be moved back He stated the silt fence is outside the stone wall Motion by J Lynch to Close the Public Hearing and issue a decision within 21 days, second by J Mottola Vote 3-0-1 W Gangl abstained 242- , 1600 Osgood Street, A T & T Ann Martin Sr Environmental Planner with LEC displayed plans before the commission The applicant proposes to repair and/or replace existing culverts and headwall structures remove accumulated sand and silt to restore the stream bed to historic elevations and redirect the stream to historic flow patterns Portions of these activities will require alteration of BVW Bank BLSF and Land Unaer Waterway Pro]ect 16 Mr Jerry Gingras of A T & T was present and stated the headwalls were installed 15-20 years ago Water backs up onto Tropeano Property There is a problem with security Erosion under the fence has occurred The alteration is the riprap Some data has been obtained as far as wildlife habitat J Lynch asked about access The applicant stated access is thru Osgood Street NACC MINUTES 8 APRIL 19 1995 Project 17 The man-made drain is eroding The BVW is 1 1 replication J Lynch wants 2 1 replication Project 19 Replace concrete toe wall Altering 96 linear feet BLS F Project 17 is 2, 100 c f Project 16 is 400 c f Project 19 is not in BLSF Total alteration BVW 2 215 s f Bank 2,848 s f Total 5 063 s f M Howard recommends Wildlife Habitat Study should be done and replication for what is lost M Howard will meet in the field with Ann Martin Motion by J Lynch to continue to April 26 1995, second by J Mottola Vote 3-0-1 W Gangl abstained DECISIONS Lots 6 and 7 Lost Pond Road and Lot 14 Duncan Drive M Howard to draft Order of Conditions due May 10 Lot 6A Lacy Street G Reich to draft Order of Conditions due May 10 EXECUTIVE SESSION G Reich polled the commission regarding entering Executive Session with respect to Long Pasture (Forest Street) Subdivision 242-444 J Lynch Yes J Mottola Yes W Gangl Abstained The commission returned from Executive Session at approximately 12 10 P M Motion by J Lyncr to adjourn, second by J Mottola Vote 3-0-1 W Gangl stained Geor,4e L Reich Cha rman