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HomeMy WebLinkAbout1995-07-05 Conservation Commission Minutes 1 .1 North Andover Conservation Commission July 5, 1995 Senior Citizens Center 7 00 P M Present George L Reich Joseph Lynch Albert Manzi Joseph Mottola Robert Mansour Deborah Feltovic Staff Michael D Howard Julie Parrino Old Business Mr Joseph DiGrazia, 2350 Turnpike Street- Enforcement Order Mr Steven Ericson from Norse Environmental was present to discuss the wetland violation Mr DiGrazia's lawyer Domenic Terranova was also present Mr DiGrazia appeared before the NACC on June 7 1995 in response to a ,violation notice and subsequent enforcement order Approximately 2 000 sq ft of Bordering Vegetated Wetland was filled with sand and large boulders The NACC requested that the applicant hire a wetland's biologist and prepare a wetland restoration report Steve Ericson presented a large aerial photo dated May 7 1990 prepared by Cole East The aerial photo displayed that the present boulders have been there for at least five years Mr Ericson does not feel a significant amount of fill has been added since the time of the photo but realizes a wetland violation exists Mr Ericson proposed to remove the material or stabilize the present conditions at the site, with the latter being preferred Michael Howard questioned if soil samples were taken at the site Steven Ericson did not take samples because the soil was under the large boulders Steven Ericson said it was possible that the site was filled when the building was constructed He claimed that there was a two year state statute indicating that restoration was not required on violations that were older than two years Mr Ericson does not want to remove the boulders but instead stabilize the site with jute netting and seed Joseph Lynch questioned who specifically took the photo shot Steve Ericson stated that Cole East frequently takes aerial photos of towns He pointed out the stamp on the back of the photo which indicated the date the photo was taken Michael Howard questioned how many feet of wetland was filled by Mr DiGrazia Steven Ericson does not feel any additional fill has been added since the original violation Albert Manzi displayed the photos that were taken at two different times in the past two months The first violation spotted was a NACC Meeting -2- July 5 1995 large stockpile in the buffer zone of a previously filled wetland Two weeks later M-chael Howard and Al Manzi visited the site and noticed that the stockpile had been pushed into the wetland Approximately an additional 70 ' x 32 ' feet of wetland has been filled The pictures show the additional fill between the two week period Surveyed plans display the wetland line and the extent of fall Joseph Lynch feels that the surveyed plans are inconsistent to what exists in the field The Board agrees with the original violation but an additional violation has occurred within the past several months Bob Mansour questioned if the surveyor knew what to look for in the field because there is a discrepancy between the plans and pictures taken A current aerial photo is needed to compare the change between 1990 and the present The NACC made it clear they were not targeting the past violation but rather the falling that has 3ust occurred Steve Ericson stated that if the material was removed the wetland would return to marsh because good vegetation still exists The Board recommended that the applicant file a Notice of Intent to restore the 20 ' bj 32 ' square foot area Attorney Domenic Terranova asked of someone could be on site to address the differences between the pictures and plans The attorney does not want has client to correct a violation from the past Albert Manzi stated he is walling to meet the applicant to address the wetland lane and the area in violation There is currently an outstanding enforcement order on the property The Board has requested that the enforcement order be recorded Motion by George Reich to modify the enforcement order so as to require the applicant to file a Notice of Intent for the wetland restoration seconded by Deborah Feltovic Vote Unanimous New Business Lot B Great Pond Road DEP#242-587 Certificate of Compliance Michael Howard spoke on behalf of the applicant David Zaloga Mr Zaloga requested compliance for the lot in June however a portion of the rear lawn was not completely stable The lawn is now completely stable and Michael Howard reqested that compliance be issued NACC -3- July 5, 1995 Motion by Joseph Lynch to issue a Certificate of Compliance for Lot B Great Pond Road seconded by Deborah Feltovic Vote unanimous Lot 4, Forest Street, 242-738, Certificate of Compliance Michael Howard spoke on behalf of the applicant Colonial Village Develpment There is a portion of lawn that is not completely stable however it is 70 feet away from the resource area Michael Howard does not foresee any impact to the resource area and reccommends compliance for the property Motion by Albert Manzi to issue a Certificate of Compliance for Lot 4 Forest Street seconded by Deborah Feltovic Vote unanimous Notices of Intent Boxford Street, east of 279, 242-757, Robert Janusz Thomas Neve from Neve Associates present Tom Neve presented a new plan displaying a 5, 10 and 15 foot setback to the wetland resource area and the slopes that would be associated with the setbacks There would be 7 to 8 feet of fill worst case scenario The plans show that as the setback is moved farther from the wetland filling becomes less of a problem Joseph Lynch stated that he would like a geo grid fabric placed on the side slopes to ensure a natural looking landscape Tom Neve will need to work with DPW to request a reduction in the required road shoalder Tom Neve stated that DPW might require a guard rail One sidewalk will be required and will be placed on the opposite side of the road Michael Howard stated that the 25 no-cut zone could be met The only issue is the loss of a house lot George Reich stated that the Board has granted 15 foot wavers in the past Albert Manzi stated that he does not support granting waivers Tom Neve believes that his proposed project is remarkable compared to other projects because he does not need any waivers on 27 proposed houses Michael Howard, Kathleen Colwell Town Planner and Thomas Neve have discussed the addition of a graveled parking lot and a tot lot located at the end of the cul-de-sac The tot lot will be maintained by the Homeowners Association It has been decided by the Board and the applicant that the proposed tot lot and parking lot should be a separate filing NACC -4- July 5, 1995 Tom Neve suggested that the Board close the public hearing and await the submittance of the new plans The Planning Board is awaiting hydrocalcs from the consultant G Reich stated the Conservation Commission must also review drainage calculations He believes that the purpose of the consultant is primarily for the benefit of the Conservation Commission Albert Manzi stated that he will not vote for the 15 foot setback to the wetland resource area Robert Mansour does not have a problem with the 15 setback because he feels a greater setback will cause the road to take a sharper turn into the subdivision Michael Howard stressed his desire to abide by the 25 foot no-cut requirement Bob Mansour questioned if the 25 foot setback could be met with a retaining wall Tom Neve stated that the 25 foot no-cut could be met with an 8 foot high and 30 foot long wall Tom's number one concern with the wall is the future maintenance and aesthetics Joseph Lynch stated his concern during the construction of tie wall in the buffer zone The Board concluded that they would like the 25 foot no-cut zone met The Board decided to continue the hearing to await modified plans and the results of the hydro-calcs Motion to continue until July 19, 1995 by Joseph Lynch seconded by Deborah Feltovic Vote 5-0 Al Manzi Abstained 209 vest Way, Lot 26, 242-758 Applicant John McC3rmick present to propose construction of a play area 30 feet from a wetland resource area The applicant received compliance for his lot in January of 1995 The proposed play area is on a steep slope The area will be graded A pressure treated wall will be placed around a portion of the area Michael Howard has recommended that the Board issue an Order of Conditions specific to the site and also requests to be present during the work Motion by Joseph Lynch to close the public hearing and issue a decision within 21 days seconded by Joseph Mottola Vote unanimous Discussion The Conservation Department has taken on an intern Michael Joyce, who will remain with the department throughout the summer Michael Howard has requested compensation of $600 dollars for the intern who will work two days a week for a total of 15 hours NACC -5- July 5 1995 Motion by Albert Manzi to authorize the release of $600 dollars from the wetland filing fees for purposes of funding an intern, seconded by Joseph Lynch Vote unanimous Michael Howard requested the release of $600 for a state certified wetland delineation course Motion by Bob Mansour to authorize the release of no more than $600 dollars from the detland filing fees for the wetland delineation course, seconded by Joseph Lynch Vote unanimous Motion to ad)ourn at 9 10 P M by Joseph Lynch seconded by Bob Mansour eorge Reich hazrman