Loading...
HomeMy WebLinkAbout1995-07-19 Conservation Commission Minutes North Andover Conservation Commission July 19 1995 Senior Citizens' Center PRESENT George L Reich Joseph Lynch Joseph Mattola Walter Ganql STAFF Michael D Howard Donna Mae D'Agata MINUTES Motion by J Mottola to accept the minutes of June 21 1995 second by W Gangl Vote unanimous Motion by J Lynch to accept the minutes of July 5 1995 second by J Mottola Vote unanimous NEW BUSINESS 242-568, Enforcement Order, 240 Marbleridge Road Steven Stapinski of Merrimack Engineers addressed the commission Mr Stapinski stated that the property is owned by Mr Cavallaro The homeowner performed work and excavated a stream channel which feeds a seasonal pond Approximately 3 1/2 years ago the Conservation Commission issued an Enforcement Order calling for a Cease and Desist of further activities Mr Cavallaro was ordered to file a Notice of Intent Subsequently an Order of Conditions was issued The commission recorded that Order at the Registry of Deeds The work stipulated in the Order was never performed The Order has expired Mr Stapinski gave the history of the filing Mr Cavallaro is in the process of selling this property Mr Stapinski stated that he and M Howard inspected the site Mr Stapinski requested an Enforcement Order to perform the necessary work Mr Stapinski proposes a weir system within the ditch A plate will be bolted to an existing bridge The plate is 3 ' deep of which 1' is buried The storm water will go around the sides Mr Stapinski stated the property is in the Watershed District He further stated that there are no big trees on site all lawn area M Howard and Kurt Young of Wetlands Preservation met on site and sampled the pond sediment and evaluated the silt levels Silt levels were minimal M Howard bases this decision on existing topography and grading and the presence of small rocks and boulders in the pond J Mottola expressed concern regarding work to be done on abutter McKee's property S Stapinski stated the ditch on the abutter's property is almost vertical The commission stated that if Mr McKee does not grant permission to Mr Cavallaro then a new Notice NACC July 19 , 1995 Page2 of Intent will have to be filed S Stapinski stated the work to be done is hand work not machine M Howard stated he wants additional rip rap at pipe invert 185 96 M Howard stated the request before the commission is to have the Enforcement Order ratified Additional conditions 1) $3 000 Bond 2) DEP Sign posted 3) Recording information and 4) Pre- construction meeting Motion by J Lynch to Ratify the Enforcement Order second by J Mottola Vote unanimous Executive Session 242-564 , Campbell Forest G Reich polled the commission to enter Executive Session at 7 35 P M G Reich yea J Lynch yea J Mottola yea W Gangl yea G Reich polled the commission to reconvene to the public hearings at 8 15 P M G Reich yea J Lynch yea J Mottola yea W Gangl yea 242-509. Certificate of Compliance, Lot 9, 140 Willow Street M Howard informed the commission that the applicant submitted a written request for continuance to a later date No action was taken PUBLIC BEARINGS Notices of Intent 242-757, Boxford Street, east of 279, (Jerad IV) Cont from 71 5/95 M Howard informed the commission that the applicant submitted a written request for continuance to August 2 1995 Motion by J Lynch to continue this request to August 2 1995, second by W Gangl Vote unanimous NACC July 19 1995 Page3 242-755. Lifecare Services (Edgewood) J Nitsch Engineers Sandy Brock of Nitsch Engineering appeared before the commission with plans At the commission's last hearing request was made that the applicant provide drainage calculations a plan showing the relocation of the sign a 2 1 wetland replication plan and submittal of a wetland crossing detail Ms Brock stated that revisions have been done by Vanasse Hangen Brustlin, Inc (VHB) The revisions are stated in a letter dated July 14 1995 M Howard stated that he talked with VHB and any issues are minor in nature Ms Brock stated that Nitsch Engineering agrees to follow the recommendations stated in the VHB letter of July 14 1995 Ms Brock presented the commission with new plans Discussion ensued regarding the catch basins Ms Brock agreed with the recommendations of the town's consultant for catch basins 5 6 7 8 and 9 The sign issue was discussed The sign cannot be placed in wetlands Ms Brock stated they are restricted as to where a sign can be placed The commission reviewed the diagram of the sign which is semi-circle, stone & wood and approximately 20' wide The placement of the sign shall not encroach within 15 ' of the BVW Ms Brock informed the commission that a garage is to be added Plans were presented to the commission A setback waiver is needed for the garage J Lynch stated that 1f this plan is accepted, the commission would consider the entire pro)ect and a decision would include a No-build Zone then the applicant would return to the commission with a request for Modification to the Order of Conditions Ms Brock returned the garage plan to her file and requested the commission to consider the pro]ect without the garage at this time M Howard stated the applicant has revised the wetland replication plan and satisfies the conservation requirements wetland crossing detail has been submitted and appears to the satisfactory Motion by W Gangl to Close the Public Hearing and Issue a Decision Within 21 Days, second by J Mottola Vote unanimous 242-743 , Lots 28 & 41 Salem Street (Evergreen) Philip Christiansen appeared before the commission M Howard informed the commission that Christiansen & Sergi provided the town's consultant with requested documents The town's consultant is satisfied assuming Christiansen & Sergi satisfies remaining issues The vernal pool has been taken care of M Howard stated the Planning Board held a meeting last evening and approved a 24 ' roadway width There will be one sidewalk at crossing 1 1 rip NACC July 19 , 1995 Page rap slopes Mr Ian Danis, an abutter was present and stated his concerns regarding flooding and drainage problems Mr Christiansen responded to Mr Danis and reviewed plans with him Motion by J Mottola to Close the Public Hearing and Issue a Decision Within 21 Days, second by J Lynch Vote unanimous 242-760, Lot 13 Holly Ridge Road (Deerfield Subdivision) Philip Christiansen appeared before the commission The applicant is Coolidge Realty Trust The owner is ZMC Realty Trust c/o John McGarry The req-iest is for the construction of a single family house driveway and associated grading within the 100 ' buffer zone of a bordering vegetated wetland Wetlands Preservation Inc located the wetland line There is a 25 ' no-disturbance zone and a 50 ' no-build zore M Howard stated he has been out to the site and disagrees with the wetland delineation, specifically Flags B12- A9 Mr Christiansen stated that according to State Regulations 500 s f of a "finger like" projection of BVW can be filled without replication G Reich stated that in the past the Conservation Commission has treated "finger like" projections as a regular resource area M Howard stated the site has to be re-delineated Mr Christiansen agreed The flood elevation is 94 5 ' Motion by J Lynch to Continue to August 2 1995 for re- delineation secord by J Mottola Vote unanimous 242-759. Lot 94 Flagship Drive, Expansion of Existing Parking Area The applicant is Development Associates the property owners are Edward J O'Leary and Raymond Vincunas The representative is David E Ross Associates Inc The request is to expand an existing parking area into adjacent BVW for a commercial building (Chemlawn) Mr Steve Gurnek Branch Manager of Chemlawn addressed the commission He stated that employees have been parking on the street for many years He displayed a colored plan before the commission G Reich stated a Positive Determination of Applicability was issued on this site December 1994 At that time the commission members who walked the site informed the applicant that acquiring an Order of Conditions to carry out the proposed work would be difficult Mr Chuck Caron of David E Ross Associates addressed the commission and discussed the colorized plan with them He stated the parking is for the employees NACC July 19 1995 Pages M Howard stated the applicant came before the Technical Review Commission The BVW does not border on anything It is a freshwater wetland under the local bylaw 2 1 replication is not proposed There are on-going wetland violations within the buffer zone J Lynch stated there has been recent dumping in the buffer zone Trucks have been parking in buffer zone and grass clippings have been dumped Mr Gurnek responded that he put an end to the truck's parking in that area and he informed the employees not to deposit grass cll:)pings within the limits of the BVW M Howard informed the commission that the DEP noted the applicant should provide upgraded BMP for parking area and applicant should analyze the effects to BVW from destruction of overstory in buffer zone J Lynch reviewed the town consultant's letter dated July 13, 1995 and referred to the impact on the site Mr Caron stated that he received the letter just yesterday and has not yet had time to make changes G Reich stated there are zero setbacks and the site has filling of wetlands He stated that the overall business project filled more that 5,000 s f of wetlands Mr Caron stated there is no runoff from the parking lot going into the wetland J Lynch stated he is not inclined to grant this request Mr Caron stated this building was built in 1981 The 5 000 s f Wetland Alteration Threshold Act was adopted in 1983 The parking was discussed in detail J Lynch would like the applicant to relocate 11 spaces and create a well defined separation of lire Six to seven spaces may be lost J Lynch prefers one-side parking New plans must be submitted The applicant requested continuation to August 2 1995 to provide new set of plans The potential for 6-8 spaces exists in front of the building Motion by J Lynch to Continue to August 2, 1995 in order to provide revised plans second by J Mottola Vote unanimous DECISIONS 242-758, 209 Vest Way, Lot 26 Motion by J Lynch to accept the Order of Conditions as drafted second by D Feltovic Vote unanimous 242-755. Lifecare Services (Edgewood) M Howard to draft Order of Conditions due August 9 1995 242-743 . Lots 28 & 41 Salem Street (Evergreen) J Lynch to draft Order of Conditions due August 9 1995 NACC July 19, 1995 Page Motion by J Lynch to adjourn meeting at 10 05 P M second by W Gangl Vote unanimous George Bich, Chairman