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HomeMy WebLinkAbout1995-05-17 Conservation Commission Minutes 1 North Andover Conservation Commission May 17, 1995 Senior Citizens' Center 7 00 P M PRESENT George L Reich Joseph Lynch Deborah Feltovic Joseph Mottola Walter Gangl STAFF Michael D Howard Donna Mae D'Agata Chairman Reich called the meeting to order at 7 10 P M J Lynch arrived at 7 13 P M MINUTES Motion by D Feltovic to accept the minutes of the April 26, 1995 meeting second by J Mottola 242-392, Rocky Brook Estates, Extension to Order of Conditions Mr Peter Breen Rocky Brook Realty Trust appeared before the commission requesting a one-year extension to May 6, 1996 The re- flagging of the wetlands was done by Thomas E Neve Associates Inc M Howard inspected the delineation which is satisfactory Motion by J Mottola to Extend the Order of Conditions 242-392 for one year to May 6, 1996 second by D Feltovic Vote 4-0-1 J Lynch abstained 242-724, Nadine Lane, Modification to Order of Conditions Atty Victor Hatem was present along with Mr Richard Pelletier the Pro)ect Manager Mr Hatem requested clarification of Item #44 of the Order of Conditions which does not allow for any decks nor any structures being built in the 25 ' no build zone He presented a plan to the commission He asked the commission for a resolution to allow 6' decks with the steps no further than 4 ' from the house which would allow egress from the rear of the homes The only other egress would be from the side of the proposed home which is not aesthetically desirable Mr Pelletier stated that M Howard can verify that this firm (Scott Construction) has done their best in the construction site G Reich informed Messrs Hatem and Pelletier that the applicant emphatically stated that he would never come before the commission to request deck At that time the applicant stated that he would shift the lots to the south or he would be willing to lose two lots if any decks were to ever be put in The Order of Conditions issued to this site clearly reflect that no decks are allowed in the 25 ' no build zone NACC -2- May 17 1995 Mr Pelletier stated that a highly qualified botanist was to be hired and the highest quality shrubs and high grade wetlands would be produced Mr Pelletier stated he did not participate in the application process which was filed last fall The plan was discussed in detail Cantilever decks were discussed G Reich stated that a cantilever deck is considered a building The deck is hung from the house it does not touch the ground J Lynch suggested the applicant go before the Zoning Board of Appeals to request placing the houses closer to the street which would allow for rear decks without disturbing the wetlands G Reich stated the 50 ' no-build allows for egress around the houses, which allows for the 251 no-build, no-disturbance zones This matter was clearly discussed last fall with respect to the decks Mr Pelletier stated that the construction supervisor has been meeting with M Howard The cantilever decks would be 8 ' high off the ground Mr Pelletier stated he would put a dimension control on the cantilever decks G Reich stated he might look differently if the homeowner came before the commission because the applicant was emphatically informed that no decks would be allowed W Gangl asked if 8 ' high cantilever decks would be on all the houses Mr Pelletier stated some of the homes would be 4 ' off the ground Mr Pelletier stated that if the commission does not allow stairs off the decks he will accept that decision If a post is allowed it will be outside the 251 no-build zone M Howard stated he as out at the site weekly and as pleased He feels there as no impact to the wetlands J Lynch stated the Order of Conditions stands M Howard wants wetland replication area enhanced M Howard wants Mark West the botanist, involved as he is qualified W Gangl feels vegetation will not be disturbed if deck is 8 ' off the ground G Reich maintains the 25 ' no-build zone with nothing touching the ground Mr Pelletier stated the 8 ' off the ground deck (one level) as feasible One or two of the houses require decks 4 ' off the ground G Reich stated of there are any changes they must come before the commission The discussion ended with the understanding that M Howard will continue to monitor the site and Mark West will be involved as the botanist Mr Pelletier agreed 242-699, 1090 Turnpike Street, Bond Reduction, Marsha Telesetsky M Howard presented the written request to the commission He stated that a $3 000 bond as posted M Howard inspected the site on May 9, 1995 Sedimentation/erosion controls were satisfactory but the site as not stable as landscaping has not occurred The applicant is requesting release of $1 500 to begin landscaping M Howard stated the site is clean and recommends the commission release $1,500 of the bond NACC -3- May 17 1995 Motion by D Feltovic to release $1 500 of the $3, 000 bond to Marsha Telesetsky, second J Mottola Vote 4-0-1 J Lynch abstained DECISION 242-751, 1600 Osgood Street, A T &T Motion by D Feltovic to accept the draft Order of Conditions, second by J Mottola Vote 4-0-1 J Lynch abstained NOTICES OF INTENT 242-733, Lot 8 Hillside Road - Continued from 4/19/95 Mark Jacobs of Wetlands Preservation was present with a revised plan He stated he filed a construction control program dated May 15, 1995 with the conservation office He designed the program to monitor the lot There was discussion regarding the maintenance of buffer zones erosion control barriers and sedimentation sump PUMPS The plan dated April 19, 1995, Revised May 8 1995 was discussed G Reich informed Mr Jacobs that the commission requested drainage calculations be included on the plan He stated that the drainage calcs are due as the abutters have a concern with the flow of water M Howard stated that the commission requested that the applicant apply to the Zoning Board of Appeals submit a sedimentation/erosion control plan with hydro-calcs Mrs Busby an abutter reviewed the plan and stated that her pond is spring fed and doesn't want any increase in runoff Mrs Shirley Howe discussed the sump G Reich stated he wants the calcs describing the sumps Mr & Mrs John Mano of 76 Hillside Road were present and asked if they would be notified if the applicant filed with the Zoning Board of Appeals They do not want their view disturbed G Reich informed them that they would be notified by certified mail and that a legal notice would be published in the local newspaper He informed the abutters that the applicant will apply to the Appeals Board in order to satisfy the Conservation Commission G Reich stated that the commission is here to protect the resource area The hydro-calcs are due June 7 Motion by D Feltovic to continue to June 7, 1995, second by J Mottola Vote 4-0-1, J Lynch abstained 242-748, Peterson Road, (Nadine Lane Connection) Continued from 4/26/1995 Kathleen Bradley Colwell, Town Planner and Stephen E Stapinski, R L S of Merrimack Engineering Services Inc were present before the commission Mr Stapinski presented the commission with revised plans dated 4/28/95 The plan proposes 1,725 s f of wetland disturbance The former plan proposed 5 607 s f of disturbance This is a reduction of 3 900 s f NACC -4- May 17 1995 Kathleen Colwell informed the commission that the Planning Board agreed to a 20' road pavement width, 1 1 riprap slopes, 2 '-3 ' shoulder for guardrail, and no sidewalk Mr Stapinski stated he addressed the drainage calcs at the previous meeting The original drainage calcs are on file The Planning Board required the filing of the thru-connection filing to the Conservation Commission for access to the 40 +/- lot subdivision Kathleen Colwell stated the crossing is a limited access crossing because is was required by the Planning Board G Reich stated this is not a limited access K Colwell stated the Planning Board felt this was a key crossing for the area The connection is part of the scheme of the R6 zone At the time of the filing of Meadowood I and II the wetlands were not identified The wetlands were identified by the time Meadowood III and IV were filed with the Planning Board K Colwell stated that the Planning Board does not allow pavement width of 20' nor do they allow no sidewalks She stated that the Public Works Department wants the pavement width to be 22 ' The Chairman of the Planning Board stated at the last Conservation Meeting that he would allow a width of 20' for the roadway Lengthy discussion regarding the roadway width, the guardrail no street lights, nc sidewalk two-way traffic vs one-way traffic value of sidewalks M Howard stated that the Planning Board is walling to allow 20' road pavement width 1 1 riprap slopes 2 '-3 ' shoulder for guardrail, and no curbing Motion by J Lynch to close the public hearing and issue an Order of Conditions within 21 days second by D Feltovic Vote unanimous 242-750, Lot 2 Anne Road, Paisano Realty Trust Stephen E Stapinski, R L S of Merrimack Engineering Services was present with a revised plan The commission reviewed the revised plan The plans depict the location of the wetland flags which was requested at the last conservation meeting Motion by J Lynch to close the public hearing and issue a decision of 242-750 within 21 days, second by J Mottola Vote Unanimous 242-752, Lot #1 Dale Street, Peter Hatem Stephen E Stapinski presented revised plans The wetlands needed verification It was reflagged by Steve D'Usro M Howard inspected The new plan shows more wetlands that the older plan The plan which was submitted four weeks ago shows the same wetlands as the plan submitted this evening Motion by J Mottola to close the public hearing and issue an Order of Conditions to 242-742 within 21 days, second by D Feltovic Vote unanimous NACC -5- May 17 1995 242-743, Lots 28 & 41 Salem Street (Evergreen) Philip Christiansen of Christiansen & Sergi Engineering presented revised plans Kathleen Bradley Colwell the Town Planner was present Ms Colwell informed the commission that the Planning Board has agreed to a reduced area of clearing to the smallest section necessary for the crossing a pavement width of 24 ' minimum shoulder width for a guardrail and curbing 1 1 riprap side slopes and no sidewalks at crossing The area of disturbance is less than 5,000 s f The Planning Board discussed the flood storage capacity and the consultant will report to both the Planning Board and the Conservation Commission There is no detention on Boston Brook The total replication is more than 2 1 in final outcome M Howard requested a vernal pool certification be considered Philip Christiansen stated he would discuss the request with the owners A botanist replication plan will be submitted M Howard stated the commission would only accept what meets the Bylaws or exceeds the Bylaw Mr Danis an abutter, asked where the highest point of roadway was Mr Christiansen reviewed the plan with Mr Danis The plans were discussed in further detail with the commission G Reich took a poll of tie commission with respect to the plans at the request of Mr Christiansen G Reich in favor J Lynch in favor J Mottola in favor D Feltovic in favor W Gangl in favor Motion by J Lynch to continue 242-743 to June 7, 1995 to review the consultant's recommendtions second by D Feltovic Vote unanimous 242-754, 400 Winter Street, Paul DiSalvo, Remodel Existing Garage Mr Paul DiSalvc of 400 Winter Street presented plans to the commission Mr DiSalvo seeks to remodel the existing garage raze and rebuild it Said garage is within 100' of a bordering vegetated wetland (BVW) M Howard delineated the BVW on site for the applicant The applicant will meet the 25' no-cut zone The applicant is seeking a waiver of the 50 ' no-build zone The limit of the work is approximately 38 ' from the edge of the BVW The drain discharges into the wetland The applicant will relocate the drain to flow overland prior to wetland at the direction of the Administrator It is a sump drain Motion by J Lynch to close the public hearing and issue an Order of Conditions within 21 days second by D Feltovic Vote unanimous 242-7561 No Andover Landfill, Commonwealth of Massachusetts Mr David A Murphy P E and Thomas Maynton of the Woburn Massachusetts DEP were present Mr Murphy stated that the NACC -6- May 17 1995 landfill operated as a solid waste sanitary landfill from the 1960s through 1985 Tte town sold the site to the Commonwealth The Holt Road Landfil- is located at the intersection of Holt Road and Clark Street In accordance with the Massachusetts Solid Waste Regulations (310 CMR 19 00) the DEP must properly close and cap the landfill The DEP is proposing to install three monitoring wells, one an the Bordering Vegetated Wetlands, two in the buffer zone The Commorwealth seeks to close and cap the landfill A Project Description and plans were submitted to the commission if hazardous waste is found the disposal will be done appropriately The town would be notified as well at the DEP Samples would be taken from the stream The samples will be provided to the NACC and other town department G Reich stated that this is a project in the best interest of North Andover and the Act and the North Andover Conservat-on Commission should do all it can to facilitate this project M Howard stated he will work with the applicant on this worthwhile project Motion by J Lynch to close the public hearing and issue an Order of Conditions within 21 days second by J Mottola Vote unanimous NACC #4, North Andover Middle School Mr Kenneth DiNisco of DiNisco Design Partnership Limited, Mr Joseph Cushing of Richard F Kaminski & Assoc , Inc , Mr Louis Minicucci of the School Board were present Mr DiNisco discussed areas which were altered on a plan which was displayed Several issues were discussed at length an alternative analysis alteration/replication of the freshwater wetland, hydrology and engineering calcu-ations Mr Joseph Cushing stated the filing before the commission this evening is with the town, not the state Mr Cushing addressed the concerns the commission had with respect to plants indigenous to this site A 100 ' no-build buffer zone has been agreed to between the applicant and the abutters M Howard stated the hydrocalcs were reviewed by the Public Works Department and they are satisfactory M Howard recommends the 1 1 replication and he wants more FAC wet species Mr Cushing will provide M Howard with a planting list Mr Cushing stated soil conditions will remain the same The reduction in the water flow will result in tre way it will be handled during construction Elevations are included in the narrative report submitted to the commission There are no new in-ground tanks in the buffer zone or resource area The pre-existing underground tank may be changed to gas Abutter, John Earl of 21 Woodridge wants the preservation of the wooded area He stated the applicant proposed a 1001 buffer His concern is the wager flowing to the wooded area He does not want NACC -7- May 17 1995 the water cut off to the wooded area He suggested at 2 1 replication up to the parking lot with a 100' no-cut no-build zone G Reich stated the commission could not require the 100 ' buffer Mr Cushing showed a plan to the abutter Mr Cushing stated a Conservation Commission Easement can be placed in the Order of Conditions requiring the 100' no-build, no-disturbance G Reich stated the commission has no authority to request those setbacks Mr Louis Minicucci of the School Board stated the School Board must take a vote to accept the 100 ' no-cut no-build setback Mr James Lafond of 329 Osgood Street discussed the overland flow The wetland resource area is freshwater Mr Joe Kulash stated that there is a working relationship between the abutters and Mr DiNisco however, the abutters do not want the flow of water diminishing and he supports the 1 1 replication area Maryann Lafond stated a natural stream runs through her backyard and she wants the 100 ' no-build zone An abutter stated he would like the school board to offer the NACC the 100' no-build zone J Lynch stated that the commission would certainly accept any open space land but the commission cannot condition that the applicant provide it There was discussion regarding the town owning the property and the school committee adopting the 1000 buffer zone but it would probably take a town meeting to accept an easement Mr Louis Minicucci stated he will assure the abutters the school committee will come to the commission with a 100 ' easement and a 1 1 replication Ms Pat Gwen of 73 Bradstreet was told when she purchased her home 20 years ago that the wooded area could not be built upon Another abutter stated that the DPW went into the wooded area and almost eliminated the area and it was the abutters who protected the woods Mr Minicucci again assured the abutters he would work with them regarding the 100 ' buffer zone Motion by D Feltovic to issue the Order of Condition to NACC #4 within 21 days second J Lynch Vote unanimous 242-7551 Osgood Street, Edgewood Life Care Sandra Brock of Nitch Engineering and Attorney Clifford Elias were present This project has been on the table for 11 years Approximately 8 to 10 acres will be developed, the remainder of the property will be given to the Trustees of the Reservation as an easement Ms Brock displayed the plan A new 1211 water line will run down Stevens Street The sewer line will be tied in at Osgood and Stevens Streets The request is for two Orders of Condition One is for on-site construction of the project and one us for off- site work No replication is being proposed G Reich stated this is a resource area and it will require replication Clifford Elias stated the Planning permit will expire in November or December of 1995 J Lynch stated that no sign will be placed in a wetland The crossing will be 22 ' wide 31 linear feet will be disturbed NACC -8- May 17 1995 Two 12" RCP going through the maintain drainage pattern M Howard confirmed the line The wetland flagged in the field is accurate About 30 acres was restricted in 1991 IEP flagged M Howard has two concerns one is the lack of replication and he would like the calcs sent to outside consultant The project is not in the watershed Ms Brock stated that 2 1 replication can be done in the crossing area She also stated that calculations have been submitted Ms Brock agreed to a consultant being assigned to review the drainage calculations and relocation of the sign Mr Elias stated that no competitive bids for outside consultants are required and that the North Andover Conservation Commission agent may choose the first available consultant Abutter, Bob Scanlon of 510 Osgood Street stated he was not notified as an abutter Mr Callahan of 550 Osgood Street stated he did not receive a notice either G Reich stated that the Assessor's List is approximately six months behind updating applicant is only required to use the Assessor's List in abutter notification Mr Callahan reviewed the plan with Ms Brock There will be no increase of water flow to his lot line Motion by J Lynch to continue to June 7, 1995, second by D Feltovic Vote unanimous Ms Nancy Melia of 523 Osgood Street (688-1992) asked to be notified when the commission walks the site DECISIONS 242-749, Berry Pond Road Motion by J Mottola to accept the Order of Conditions as written second by D Feltovic Vote unanimous NACC #4, Main Street, North Andover Middle School Motion by J Lynch to accept the Order of Conditions as written second by J Mottola Vote unanimous 242-756, North Andover Landfill Motion by J Lynch to accept the Order of Conditions as written second by D Feltovic Vote unanimous Motion by D Feltovic to adjourn second by J Mottola Vote unanimous orge L Reich