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HomeMy WebLinkAbout1995-06-07 Conservation Commission Minutes NORTH ANDOVER CONSERVATION COMMISSION June 7, 1995 Senior Citizens' Center PRESENT George L Reich Joseph Lynch Albert P Manzi Deborah Feltovic Joseph Mottola Walter Gangl STAFF Michael D Howard Donna Mae D'Agata Julie Parrino G Reich called the meeting to order at 7 10 P M Mr Manzi arrived at 7 12 P M , Mr Gangl arrived at 7 16 P M MINUTES Motion by J Lynch to accept the minutes of May 17 1995 second by D Feltovic Vote unanimous BEAVER SITUATION M Howard discussed the Beaver Pond situation which was brought to his attention by the Conservation members and citizens Mr Howard contacted the Division of Fisheries and Wildlife (F&W) regarding the beaver problem A beaver colony resided in the Carriage Chase Road/Castlemere Street area that converted an upland area into a viable red maple swamp Mr Howard stated that he spoke with Eric Amati of the F&W regarding the regulations governing the beavers and the dams and lodges Mr Amati informed Mr Howard that neither the Conservation Agent nor the Conservation Commission has jurisdiction when it comes to altering dams or lodges It is the responsibility of the F&W to either issue a permit for dam alteration or perform the work themselves Mr Amati also informed Mr Howard that it is the structures that are protected not the beaver The beavers may be trapped in the early fall The F&W issued two permits to the town on May 24 1995 One permit was for the alteration of a dam above the bridge and by the old beaver pipe located on Adam Oates property off of Carriage Chase Street The second permit was for the removal of a dam approximately 40 yards below the bridge on Carriage Chase Street Mr Amati issued these permits because of the potential for flooded septic systems The dam structures were dismantled The beavers repeatedly repaired these areas where water flows through At some point the beavers ceased repairing the structures The water level has substantially dropped Mr David Rand of 280 Dale Street expressed his concerns regarding the beaver situation In 1987 he had his septic system tested and it was functioning properly until Bear Hill Subdivision came in Then his house filled with water The road was raised then the North Andover Conservation Commission 2 June 7 1995 beavers came He no longer has a leaching field His neighbor lost the tiles in his pool The problem is the beavers choking off the peat bog The amount of water is great and deep The dams should be taken out A Manzi stated the residents concerns must come first M Howard agrees with Mr Manzi Mr Howard stated that the septic failures must be documented by the Board of Health That information will then be forwarded to the F&W Abutters, Mr Follansbee, Mr Kochanski and Mr Goodwin expressed their concerns regarding the high water table M Howard stated he will go out to the sites with the Health Officer 242-693, Certificate of Compliance, Mass Bay Transport Authority Mr Ray E Martin Jr Civil Engineer of Gordon, Bua & Read Inc was present and addressed the commission The installation of a culvert under the MBTA railroad line off of Clark Road was completed DiFiore was the contractor Mr Martin presented photos of the site to the commission M Howard reviewed the site it is stable and he recommends compliance Motion by J Lynch to Issue a Certificate of Compliance, second A Manzi Vote Unanimous 242-542, Certificate of Compliance, C Dickerson Cheryl Dickerson requested partial compliances for Lots 1 & 2 Scott Circle She stated Tyler Munroe will fertilize the lawn A Manzi stated there is a vernal pool on Lot 3 Cheryl Dickerson requested releases for Lots 1 & 2 She is not requesting release of the $3,000 Bond The lawn is not coming in on Lot 3 The current owners are not maintaining the lawn G Reich stated that a letter to the current homeowner can be sent from the commission as the disturbed areas outside the wetland resource areas have not been stabilized The Order of Conditions expired January 24 1994 Motion by A Manzi to Issue Partial Certificates of Compliance for Lots 1 & 2 Scott Circle only no bond release and forward a letter to the homeowner of Lot 3 regarding compliance for Lot #3 be denied second by J Lynch Vote unanimous 242-587, Certificate of Compliance, D Zaloga David Zaloga of Coolidge Construction requested a Certificate of Compliance for Lot B Great Pond Road He stated that the rear lawn will have a second mowing tomorrow M Howard stated the Order of Conditions has been recorded the bond is in place the site is stable, the wetland replication is complete and satisfactory The North Andover Conservation Commission 3 June 7 1995 Order of Conditions states under Item #15 that paving of the driveway is not permitted However, a small paved area immediately adjacent to the garage was allowed by M Howard M Howard stated the rear yard is not stable and he does not recommend Certificate of Compliance Approximately 110' X 70 ' is not stable G Reich stated the rear yard is adjacent to the resource area There is a $3,000 Bond on this site D Zaloga stated he is not seeking release of the bond M Howard stated the site still requires erosion control M Howard will issue a letter stating no Certificate of Compliance will be issued until stabilization of lawn takes place The Order of Conditions expires June 25 1995 Motion by A Manzi to Issue an Extension Permit to September 25 1995, second by J Lynch Vote unanimous Duncan Drive Violation, James Grifoni and Philip Christiansen M Howard informed the commission that the applicant crossed an un- delineated BVW and stream with a backhoe for the purposes of testing a septic system per the Board of Health requirements The applicant did not notify the Conservation Office of the crossing The damage was minimal Philip Christiansen stated he had permission from Joyce Bradshaw to cross her property to gain access to Mr Grifoni's property He also had permission from David Kindred to cross his property to gain access to the Grifoni property Late in the evening prior to the land crossing, Mr Kindred changed his mind and did not allow access through his property Mr Christiansen stated that he made the decision to cross the stream to gain access to Mr Grifoni 's land because he knew if the test wasn't done that day he would have to wait a full year for the Board of Health to schedule another test J Lynch stated that in the past the engineer came before the commission prior to scheduling a septic test G Reich stated Mr Christiansen should have called M Howard the morning of the stream crossing James Grifoni stated that three days were scheduled with the Board of Health the Health Agent did not give any time frame for when the inspection would be done M Howard stated a $100 fine should be issued the testing is to be done Wednesday June 14, under his supervision A Manzi recommends the maximum fine, which is $100 or order replication under an Enforcement Order James Grifoni offered to place a bond A Manzi stated a Notice of Intent would be required Motion by A Manzi to Issue a Violation to J Grifoni for Alteration of a Bordering Vegetated Wetland and Issue a $100 Fine, second by J Lynch Vote unanimous The second issue is the second perc test at the same site There is no Order of Conditions for the second crossing A Manzi stated North Andover Conservation Commission 4 June 7 1995 M Howard should be present at the perc test A Manzi wants an Enforcement order issued and replication of the site A Manzi stated the applicant is informing the commission that they must cross a second time G Reich informed Mr Grifoni and Mr Christiansen to contact M Howard when they are ready to make the second crossing 2350 Turnpike St , Violation, Joseph DiGrazia/Flame Laminating M Howard informed the commission of a summary of events between May 4, 1995 and June 2, 1995 Approximately 2, 000 square feet of Bordering Vegetated Wetland has been filled Also fill material which was stockpi_ed within 100 ' of the Bordering Vegetated Wetland has been removed from the site M Howard recommends the applicant file a Notice of Intent for replication Mr DiGrazia stated he did not know it happened Mr DiGrazia stated stones were there a long time A Manzi and M Howard viewed the site and spoke with Mr DiGrazia A Manzi stated that Mr DiGrazia is not sure what a wetland is A Manzi wants Mr DiGrazia to rectify the wetland area A Manzi stated M Howard will work with Mr DiGrazia so that Mr DiGrazia would recognize the wetlands Mr DiGrazia stated he will do whatever has to be done to rectify the situation A Manzi stated the stockpile was allowed by Mr DiGrazia and the stockpile was bulldozed into a swamp M Howard stated the property must be restored G Reich stated a filing of the proper document for restoration must take place A Manzi asked M Howard to recommend to Mr DiGrazia that he file a Notice of Intent or that M Howard issue an Enforcement Order with a Notice of Intent requiring the hiring of a Wetlands Biologist for restoration of the lost wetland Motion by A Manzi to Issue an Enforcement Order instructing Mr DiGrazia to Cease and Desist hire a Wetlands Biologist, meet with Mr Howard to set up the replication and report back to the commission in four weeks, July 5 1995, second by D Feltovic Vote unanimous Public Hearings Requests for Determination Town of North Andover, Department of Public Works, Regular Maintenance & Paving Julie Parrino, Environmental Inspector, presented plans to the commission She stated she viewed the work to be done with a Public Works employee Public Works will notify the Conservation Agent prior to work being done Ms Parrino stated Public Works is seeking a Negative Determination with Erosion Controls North Andover Conservation Commission 5 June 7, 1995 Mr George Perna, Director of Public Works, will file for separate Notices for two of the areas that will be worked on Mr Perna stated that the %ork to be done is to stop icing in the winter time In some areas, the work has started J Parrino presented plans and a report to the commission M Howard stated he wants the Public Works Department to work with the Conservation Commission There was brief discussion regarding seal coating Mr Perna stated that he used seal coating only twice as an experiment He does not recommend that in the out-country roads Motion by J Lynch to Issue Negative Determination with Erosion Controls second by D Feltovic Vote unanimous 271 Barker Street, Home Savings of America, Septic System Repair Mr Joseph J Serwatka, P E presented plans to the commission The request is to alter land at 271 Barker Street for the purposes of a septic system repair/upgrade The proposed leaching field is within 100' of Bordering Vegetated Wetland The site is not in the watershed M Howard recommends Negative Determination with Erosion Controls Motion by A Manzi to Issue Negative Determination with Erosion Controls second by D Feltovic Vote unanimous Boxford Street, Between #624 and #770, Wetland Line Verification Request of David Kindred, Flintlock, Inc to verify wetland line on vacant land located on Boxford Street No work is proposed at this time M Howard inspected this site M Howard recommends Positive Determination to verify wetland line Motion by J Lynch to Issue Positive Determination for Wetland Line Verification second by D Feltovic Vote unanimous Notice of Intent 242-733, Lot 8 Hillside Road, J Cronin Continued from May 17 1995 so that the applicant could provide hydrocalcs to the commission Phil Christiansen of Christiansen & Sergi Engineers presented calculation report to the commission The commission reviewed the report and the plan J Lynch stated the calculations appeared accurate Shirley Howe asked if the Public Works Department was contacted regarding sump 1 and sump 2 and if it is legal that water goes onto town property G Reich stated the culvert is existing and the problems are not the responsibility of the applicant However, the calculations which have been submitted by the applicant indicate that the site wil_ not be worsened North Andover Conservation Commission 6 June 7, 1995 Motion by A Manzi to Close the Public Hearing and Issue a Decision within 21 days, second by J Lynch Vote unanimous 242- , Boxford St , east of 279, R Janusz Mr John Morin of Neve Associates appeared before the commission Neve Associates represents Mr Robert Janusz This request is for the construction of a road together with appurtenances including the construction of retention and detention ponds to service a 27- lot residential subdivision The applicant requests a waiver from the 25' no-cut zone in order to install the retention pond and to install the roadway side slopes The retention ponds are off Lots 9 10 & 11 M Howard viewed the site and the flagging was down A resource area surrounds the property There will be no construction out back It will remain open space The slope is 1 5 1 The road is 26' wide paved with 6 5 ' shoulder G Reich stated the sensitive area is where the road comes in A Manzi stated this is a PRD (Planned Residential Development) Mr Morin stated the TRC (Technical Review Committee) viewed the site and the applicant also met with the Planning Board last evening A Manzi asked why the documents which were referred to Planning not presented to the commission The commission requested that plans be presented at the next meeting M Howard stated the wetland was not yet delineated Elsie Pouliot of 465 Boxford Street stated the Planning Board walked the site Mr Robert Janusz stated that the PRD allows for a lot of upland open space There is a trail used by the power lines Motion by D Feltovic to Continue to June 21, 1995 to permit review of the delineation and to obtain outside consultant comments second by J Lynch Vote 5-0-0 A Manzi left the meeting at 9 20 P M New Business NACC Filing Fees - MACC Dues, M Howard, Discussion M Howard informed the commission that he received the MACC Annual Dues Renewal Notice for Fiscal Year 1996 (July 1, 1995 - June 30 1996) in the amount of $195 00 Mr Howard requested the commission authorize the expenditure appropriating the funds from the filing fees Motion by J Lynch to appropriate $195 00 from the filing fees to fund the MACC Annual Dues for July 1 1995 - June 30 1995 second by D Feltovic Vote 5-0-0 North Andover Conservation Commission 7 June 7, 1995 Workshop Discussion, M Howard M Howard discussed workshop sessions with the commission Mr Howard feels it would be advantageous to meet with the commission once per quarter He suggested the off-Wednesday of the month G Reich stated any dorkshop requires posting Election of Officers G Reich informed the commission that elections of the NACC members are held the second NACC meeting after Town Meeting Motion by J Lynch to nominate G Reich for Chairman, second by D Feltovic Vote 5-0-0 Motion by D Feltovic to nominate J Lynch for Vice-Chairman second by J Mottola Vote 5-0-0 EXECUTIVE SESSION G Reich polled the commission members to enter Executive Session G Reich - yes J Lynch - yes D Feltovic - yes J Mottola - yes W Gangl - yes G Reich polled the commission members to return to the Public Hearing G Reich - yes J Lynch - yes D Feltovic - yes J Mottola - yes W Gangl - yes DECISIONS 400 Winter Street 242-754 Motion by J Lynch to accept the Order of Conditions as drafted second by D Feltovic Vote 5-0-0 Lot 1 Dale Street 242-752 Motion by J Lynch to accept the Order of Conditions as drafted second by W Gangl Vote 5-0-0 Lot 2 Anne Road 242-750 North Andover Conservation Commission 8 June 7, 1995 Motion by J. Lynci to accept the Order of Conditions as drafted, second by D. Feltovic. Vote: 5-0-0. Peterson Road (Nadine Lane connection) 242-748 Motion by J. Lynci to accept the order of Conditions as drafted, second by D. Feltovic. Vote: 5-0-0. Lot 8 Hillside Road 242-733 J. Lynch to draft Order of Conditions due June 21, 1995. Motion by J. Lynch to adjourn, second by D. Feltovic. Vote: un ous 'oWo-r-'gWRe' h