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HomeMy WebLinkAbout1995-04-26 Conservation Commission Minutes NORTH ANDOVER CONSERVATION COMMISSION APRIL 261 1995 TOWN HALL LIBRARY PRESENT George L Reich Joseph Lynch Albert P Manzi, Jr 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 G Reich polled the commission members to enter Executive Session George Reich Yes Joseph Lynch Yes Albert P Manzi Jr Yes Deborah Feltovic Yes Joseph Mottola Yes Mr Robert Mansour entered at 7 20 P M G Reich polled the commission members to reconvene the Public Hearing at approximately 7 40 P M George Reich Yes Joseph Lynch Yes Albert P Manzi, Jr Yes Deborah Feltovic Yes Joseph Mottola Yes Robert Mansour Yes MINUTES Motion by J Lynch to accept the minutes of April 19, 1995, second by J Mottola Vote unanimous NEW BUSINESS 242-585, N A Estates, Extension to Order of Conditions Patrick D Seekamp Wetland Scientist of Wetlands Preservation Inc (WPI) was present to request an Extension to the Order of Conditions which will expire 6/2/92 He provided a status report dated April 24 1995 and a Vernal Pool Restoration Plan dated April 24, 1995 to the commission The status report addresses each outstanding issue of the commission As-built plans of the detention ponds will be provided to the commission on May 10 1995 The wetland replication area was looked at two weeks ago Next week he will re-visit each area, then survey and a determination will be given to the commission Work was done at the Top of the Hill (Rosemont Drive) Silt fence and haybales have been repaired between Lots 26 to 29 and Lots 31 to 33 Erosion controls have North Andover Conservation Commission 2 Minutes of Meeting April 26, 1995 been upgraded and maintained Toll Brothers is continuing to clean out and maintain erosion control Weekly report forms from Toll Brothers will be provided to WPI WPI will provide status reports to the commission The loam pile on Lot 45 is being screened and moved They anticipate the loam pile will be moved to a stockpile area on Lots 26/28 by May 5 The area is over 100 ' from the resource area Tie Vernal Pool Restoration Plan provides a clean out and restoration method and a schedule for condition for the work to be done They plan to loam and stabilize the lots at the top of the slope within two weeks They will create diversion bars to capture tie water Hydroseeding application will be done for erosion control J Lynch asked the commission if they had a problem with the rront slope breaking out Mr Seekamp stated the slopes are not that steep A slope 44 mix will be used as it adheres to erodible areas Mr Seekamp stated that he and M Howard met at Jefferson Office Park Core sampling was done and field notes were submitted to the commission No new siltation was found Mr Seekamp looked at Mosquito Brook above and below and what he pulled out was insignificant The bed in the brook has a lot of silt and sand A lot of plant material is coming up A Manzi stated he viewed the site today and that Mr Seekamp's report is accurate and he is cautiously encouraged A Manzi stated at issue is the basin at Rea Street An agreement was made with Curt Young The pipe comes down the street at end of pipe to edge of spillway which is to be excavated out and lined with riprap using a crawler excavator Core samples look fine The street is being swept twice per keek G Reich asked about the vernal pool A Manzi stated he and M Howard viewed it today A Manzi stated that he feels a good faith effort has been made Motion by A Manzi to issue extension for six (6) months, current bond to remain in effect no partial or final certificate of compliance, no bo-id release will be issued for any portion of the North Andover Estates project unless an inspection has been conducted by a member of the commission the commission's agent and the applicant's representative during a rainstorm second by J Lynch for discussion G Reich stated he is not sure if that is a valid order J Lynch understands what A Manzi wants to accomplish, but has a problem with "rainfall" and he feels that the Order should be strict enough A Manzi stated that Mr SeekamppIs own report demonstrates this site is unique Mr Seekamp stated that the soil is Paxton soil and he looks at A Manzi's motion as temporary A Manzi withdrew his original motion Motion by A Manzi to issue an extension for six (6) months from the date of expiration with the current bond to remain in effect and no partial or final Certificate of Compliance or any bond release, will be issued for any portion of the North Andover North Andover Conservation Commission 3 Minutes of Meeting April 26, 1995 Estates project unless an inspection is conducted by a member of the Commission the Commission's agent and the applicant's representative during a precipitation event of not less than a one-year storm event second by J Lynch Vote unanimous 242-651, Blue Ridge Road Extention - Certificate of Compliance and Bond Release M Howard stated he would discuss this request later in the evening 82 Raleigh Tavern Lane, Discussion Bill Crafton No one was present for this item PUBLIC HEARINGS Notices of Intent 242-748, Peterson Road (Nadine Lane Connection) Richard Nardella Chairman of the Planning Board addressed the commission He stated that the original conceptual plan always displayed one contiguous road Their biggest concern is public safety They had no idea there was going to be an Osco Drug He feels connection of the streets should be complete There are 85 lots which have to move throughout the development A letter from the Fire Prevention Office to the North Andover Planning Board dated April 18 1995 was presented to the commission The letter is in favor of connecting the streets at Meadowood I, II and III Kathleen Bradley Colwell the Town Planner was present and stated the Planning Board did agree to come before the Conservation Commission for the roadway crossing The connection is vital to the public safety and welfare of the citizens living in the R-6 area J Lynch stated that the commission cannot lose sight of the wetlands in the area He does feel that safety is a major concern J Lynch would only consider a crossing if Wildlife Habitat was enhanced R Mansour stated that the mandate of the Conservation Commission is the wetlands not planning M Howard stated that the Wetland Protection Act has not been mentioned and he agrees with R Mansour R Nardella stated he is here to advocate the Planning Board's decision M Howard stated that enhancing the wetland will not happen He stated that the interest of the Act must be protected G Reich stated he feels a valid safety issue is being presented The Act allows for under 5, 000 s f of filling M North Andover Conservation Commission 4 Minutes of Meeting April 26, 1995 Howard stated this should not be done for public safety Steve Stapinski or Merrimack Engineers was present He stated that Hillside Realty Trust is the owner and the applicant He has proposed an area of replication He will provide a plan to the commission He wants the width of the pavement stipulated before the close of the hearing R Mansour stated Steve Stapinski 's offer to return to the commission with a plan can help the situation S Stapinski is showing a roadway of 24 ' on the plan K Bradley Colwell stated the width of the pavement can go to 20 ' She stated that Planning feels strong enough to go to the Public Works Department with the proposal of 20' wide pavement R Mansour suggests the engineer return with a plan G Reich would like to see 2 1 replication and 20' pavement S Stapinski stated he can do 1 5 1 Discussion resulted in this increasing to 2 1 Motion by J Lynch to continue the public hearing to May 17 1995 second by A Manzi Vote unanimous 242-749, Berry Pond Road / Berry Pond Day Use Area Mr Stuart Weinreb of the Department of Environmental Management was present He provided the commission with additional project information which was requested at the April 5 meeting A Wetland Flagging Locations drawing was provided to the commission A plan showing the wetland resource and the proposed facilities was presented to the commission The proposed septic field is now located entirely beyond the 100' buffer zone as shown on a drawing The dredging will not be performed by a clamshell bucket as that type of bucket will remove more material than they need A smooth- edged bucket, such as a large backhoe or gradall with sufficient reach is recommended The commission discussed storm runoff from the existing north parking lot and the new south parking lot Mr Weinreb stated the DEM projects are subject to regulations under MGL Chapter 131, additional regulations under a local bylaw are not binding on state projects However it is the DEM's intent to comply with the applicable provisions of the town's wetland bylaw The total area of dredging appears to be under 5 000 s f The dredging is 43 ' from the water G Reich stated the dredging is under 5, 000 s f and if this was not a limited project the NACC could "permit it" Abutters from Andover were present and stated their concerns Mrs McClury of Harolc Parker Road asked about the sandpit and the number of cars that would be allowed in the parking lot Another Andover resident stated the land is being used as a dump G Reich stated this commission has no jurisdiction over property in Andover Denise Giles of Harold Parker Road stated she has no control over what is going on behind her home She asked about Stearns Pond Mr Weinreb informed her that Stearns Pond is full North Andover Conservation Commission 5 Minutes of Meeting April 26, 1995 of leaches Berri Pond has the best water quality Berry Pond is natural not man-made Mr Weinreb stated he would like to meet with Andover administrators and residents to discuss these issues Motion by J Lynch to Close the Public Hearing and issue an Order of Conditions within 21 days, second by J Mottola Vote unanimous 242-743, hots 28 & 41 Salem Street Mr Philip Christiansen was present and provided the commission with plans M Howard explained the guidelines and stated that this project does qualify as a Limited Project Mr Farr's ownership along the stream exists At one time the Smith property was landlocked This does fall under the Limited Access Mr Christiansen discussed plans Figure 3 shows Pheasant Brook Road Area of uplands filled over the years Crossing is less than 5 000 s f of fill but sir Christiansen does not recommend this because of closeness to abutter The Proposed Crossing on Figure 4 is in a straight crossing Figure 4 has greater that 5 000 s f Area flags A -Al2 will be restored The botanist has not gotten out there yet to flat M Howard is leaning towards the Conceptual Plan Mr Christiansen stated at Station 200 there is 12" of top soil and at Station 300 there is 14" of loam Peat is not there Geotextile Fabric can be added to problem area A Manzi asked if the flagline was confirmed by M Howard M Howard stated there are areas to be discussed within the proposed subdivision area and not along the stream Mr Christiansen _s looking for direction from the commission He requested a poll G Reich polled the commission A Manzi prefers less fill (Conceptual Plan) R Mansour - non committal D Feltovic prefers less fill (Conceptual Plan) J Mottola prefers less fill (Conceptual Plan) J Lynch - first proposal Alignment and replication to left and restore to right with added restoration G Reich - non-committal M Howard prefers less fill (Conceptual Plan) R Mansour stated Figure 4 would be better for construction The location is better He is leaning toward Figure 4 G Reich asked if there are any longer bridges available P Christiansen responded that a road can only go so high Specifications on the structure will be sent to M Howard An abutter from Salem Street asked if the commission would consider Figure 4 for distance from the abutter G Reich would like the North Andover Conservation Commission 6 Minutes of Meeting April 26 1995 sidewalk to be 4 feet and the roadway to be 24 feet That would save 700 s f R Mansour stated the sidewalls will require geotextile He feels Figure 4 looks better P Christiansen will finalize the conceptual plan R Mansour wants construction statement Motion by R Mansour to continue to May 17, 1995, second by A Manzi Vote unanimous 242-751, 1600 Osgood Street, A T & T Ann Martin of LEC addressed the commission regarding the Wildlife Habitat Study Peter Bajorian of A T & T and Art Mooney of Parsons Main, Inc were also present Ann Martin presented the commission with a wildlife habitat evaluation Small mammal habitat boxes will be installed M Howard is satisfied with the habitat evaluation He wants monitoring program M Howard is not pleased with the amount of work to be done in the wetland resource area and questions the Limited Project status of this project He stated that future maintenance must be performed to avoid future projects of this nature Motion by J Lynch to close the public hearing and issue an Order of Conditions within 21 days second by D Feltovic Vote 5-0-1, A Manzi abstained 242-752, Lot #1 Dale Street, Peter Hatem Steven Stapinski of Merrimack Engineers presented plans to the commission The site is a vacant lot on Dale Street A Notice of Intent was previously issued for this lot and was denied Litigation followed The wetlands have been re-delineated The house is 1,800 s f , the total construction is 2,400 s f The house is set back further from the wetland The house has sewer and town water M Howard stated some flags were down when he visited the site jesterday S Stapinski stated he has not applied for a Special Permit from the Planning Board The site is in the watershed J Lynch wants to see the foundation drain on the plan Abutter Barbara YcKie asked if the 100' rule applied G Reich stated the site is in the watershed and the 100 ' rule is a Planning function S Stauinski stated this lot is grandfathered and does not fall under the new Watershed Guidelines Charles Torrissi of Coventry Lane stated the applauds the commission for preserving the wetlands Motion by J Lynch to continue to May 17 1995 for confirmation of line, second by D Feltovic Vote 5-0-1, A Manzi abstained M Howard is to coordinate with botanist for view of flags on site North Andover Conservation Commission 7 Minutes of Meeting April 26 1995 242-651, Blue Ridge Road Extension, Certificate of Compliance and Bond Release M Howard is seeking compliance for the road Motion by J Lynch to grant Certificate of Compliance and Bond Release, second by R Mansour Vote 5-0-1, A Manz. abstained DECISIONS 242-745, Lot 6 A Lacy Street Motion by J Lynch to accept the Order of Conditions as drafted second by R Mansour Vote 5-0-1 A Manzi abstained 242-744, Lots 6 & 7 Lost Pond Lane and 14 Duncan Drive Motion by J Lynch to accept the Order of Conditions as drafted, second by R J Mottola Vote 5-0-1 A Manzi abstained 242-749, Berry Pond Road J Lynch to draft Order of Conditions 242-751, 1600 Osgood Street, A T & T M Howard to drafs Order of Conditions Motion by J Lynch to adjourn at 11 30 P M second by R Mansour Vote 5-0-1 A Manzi abstained Georg4 L Reich Cha ir#nan