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HomeMy WebLinkAbout1995-08-16 Conservation Commission Minutes North Andover Conservation Commission August 16 1995 Senior Citizens' Center PRESENT George L Reich Joseph Lynch Robert Mansour Deborah Feltovic Joseph Mottola Walter Gangl STAFF Mi--hael D Howard Donna Mae D'Agata Julie A Parrino G Reich called the meeting to order at 7 00 P M MINUTES Motion by J Lynch to accept the minutes of August 2 1995 second by J Mottola Vote 4-0-0 Robert Mansour and Walter Gangl not present NEW BUSINESS 242-727, Lot B Fenni Lane, Certificate of Compliance and Bond Release The applicant Da-%ld A Kindred requested this matter be continued to the next meeting September 6 1995 242-022 , Lot 1, #1275 Salem Street Partial Certificate of Compliance M Howard addressed the commission He stated that Atty John C Oakley, on behalf of his clients James and Louise Stearns is requesting a Partial Certificate of Compliance for Lot 1 1275 Salem Street M Howard stated that this lot is part of the Salem Forest Subdivisicn which was issued an Order of Conditions on November 3 1975 M Howard viewed the site and recommends the issuance of a Par�::ial Certificate of Compliance Motion by J Lynch to Issue a Partial Certificate of Compliance for Lot 1, #1275 Salem Street only second by D Feltovic Vote 4-0-0 R Mansour and W Gangl not present DISCUSSION M Howard asked the commission if there were any warrant articles the commission wanted No warrant articles are requested DECISIONS 242-759, Lot 94 Flagship Drive Motion by J Lynch to accept the draft Order of Conditions second by D Feltovic Tuote 4-0-0 R Mansour and W Gangl not present i 242-760, Lot 13 Holly Ridge Road Motion by D Feltovic to accept the draft Order of Conditions second by J Lynch Vote 4-0-2 R Mansour and W Gangl abstained as they were not present for the entire discussion R Mansour and W Gangl arrived at the meeting at 7 10 P M 242-568 , 240 Marbleridge Road, Lot 3 , Certificate of Compliance and Bond Release Steven Stapinski of Merrimack Engineers was present to represent Mr Joseph Cavallaro the owner of the property Mr Stapinski presented photographs to the commission Mr Cavallaro forwarded a letter to the commission dated August 15 1995 regarding the swale on Mr Al McKee's property According to the letter Mr McKee wants to loam and seed the swale on his own property in the next week or two M Howard stated the $3 000 Bond was posted the DEP sign was posted installation of weer riprap stonewall construction and erosion control have been met Motion by J Lynch to Issue a Certificate of Compliance and Bond Release in the amount of $3, 000, second by D Feltovic Vote 6-0-0 242-662, Lot 4 , 57 South Cross Road, Partial Bond Release M Howard addressed the commission He stated that he met with Patrick Murphy the applicant and Engineer Steven D'Urso at the site to review the wetland replication The lot will be eligible for compliance in September upon completion of the second growing season The applicant feels he has done all he can do to address M Howard's concerns There is a small localized pocket that needs more growing Mr Murphy stated that because of the drought the growing is not as it should be M Howard recommended the $3 000 Bond be reduced to $1 000 Motion by J Lynch to Reduce the $3 , 000 Bond to $1, 000, second by D Feltovic Vote 6-0-0 PUBLIC HEARINGS Requests for Determination Lot 2 Brentwood Circle, Louise I Borke - Gerald Brecher Mr Gerald Brecher provided the commission with certified mail receipts to the abutters listed on the certified abutters list Mr Daniel O'Connell of Christiansen and Sergi addressed the commission representing Ms Borke and Mr Brecher who want to construct a home at Lot 2 Brentwood Mr O'Connell placed a plan before the commission There are wetlands in the center of the property in the back There will be landscaping with no grading There will be no clearing of the lawn, it will be left in the North Andover Conservation Commission 3 August 16 1995 natural state The site is within the watershed There will be no alteration within 75 ' of the wetland The home is 30 x 80 feet with an attached deck which is 20 x 20 feet The residence is to be serviced by town water and sewer Runoff from the roof and foundation drain will be routed to a series of drywells M Howard approved the wetlands delineation M Howard recommends a Negative Determination with conditions R Mansour stated he has concerns with the Buffer Zone and the rectangular shape of the house He stated that no part of this structure could be put in the Buffer Zone Ms Borke stated the house will be sold to a neighbor R Mansour expressed concern that the house is not yet built and it could be built closer to the Buffer Zone The plan was discussed There are no abutters present Motion by J Lynch to Close the Public Hearing and Issue a Negative Determination wita the following conditions 1 The Determination of Applicability, plans referenced herein and these additional conditions shall be recorded as a single document at the Northern Essex Registry of Deeds and said recording information shall be provided to the Conservation Department 2 A modified plan showing approved limits(s) of work shall be submitted to the NACC for approval and subsequently recorded at the Northern Essex Registry of Deeds and said recording information shall be provided to the Conservation Department 3 A deed restriction limiting future work within seventy five feet (751 ) of the approved wetland resource area delineation as shown on the sLte plan entitled "Lot 2 Brentwood Circle" dated 7/20/95 shall be established and provided to the Conservation Department 4 The "limit of work" is restricted to the following setbacks fifty feet (50 ' ) from the house or seventy-five feet (75 ' ) from the ec.ge of BVW (whichever allows for a greater lawn surface area) 5 Fertilizers utilized for landscaping and lawncare shall be organic and low nitrogen content, and shall be used in moderation Pesticides and herbicides shall not be used within 100' of a wetland resource area This condition is issued under the authority of the Town's Wetland Protection Bylaw 6 The applicant shall submit a proposed planting plan subject to approval by the Conservation Department This will insure that no exotics are introduced into the area 7 A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands North Andover Conservation Commission 4 August 16 1995 The erosion control barrier will be property installed and placed at the setback locations referenced in Condition #4 and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC Second by D Feltovic Vote 6-0-0 84 Academy Road and Stevens Street, Verification of Wetlands Mr Charles D Wynan Land Protection Specialist with The Trustees of Reservations addressed the commission The Request is for a determination regarding the existence and extent of wetlands on the Stevens property at 84 Academy Road Mr Wyman displayed a plan for the commission as well as the abutters The wetlands are at the eastern end near Stevens Street M Howard stated the wetland line shown on the plan is not accurate M Howard stated he walked the line He discussed his findings with the commission M Howard re-flagged WF#2 and WF#3 further up-slope and re-labeled them as NACC#2 and NACC#3 Furthermore wetlands extend onto neighboring property and they may play a role in future development Abutter William Melvin stated the property line on the plan is not correct There are blue flags on his property G Reich stated the conservation commission approves the wetland locations as shown by flags The commission does not review lot lines Abutter Linda Blanchard asked what this filing was about G Reich explained that the applicant is asking the commission to confirm a wetland line only Motion by J Lynch to Close the Public Hearing and Issue a Positive Determination second by D Feltovic Vote 6-0-0 242-757, Boxford Street, east of 279 (Jerad IV) R Janusz Continued from August 2, 1995 at the commission's request Mr Thomas Neve of Neve Associates was present and appeared before the commission with revised draft plans The subdivision plan has 19 lots not the original 27 lots There are eight less house lots The road remains the same Mr Neve asked the commission to continue this heating to September 6 1995 so that the new draft plans could be completed The revised plans will be presented on September 6 1995 Mr Neve stated he will re-advertise G Reich directed Mr Neve to re-notify all abutters as well The commission discussed the draft plan There are three different ponds The size of the ponds should not change too much The open space area will remain the same The perimeter of the subdivision North Andover Conservation Commission 5 August 16, 1995 has not changed The house will be a little bigger Resident Joyce Bradshaw of Boxford Street reviewed the plans Motion by J Mottola to Continue to September 6, 1995 second by J Lynch Vote 6-0-D 242- , 2350 Turnpike Street, Restoration of BVW, DiGrazia Steven Erickson of Norse Environmental Services, Inc was present for the owner Mr Joseph DiGrazia Mr Erickson displayed plans before the commission The plants to be used at this site are shown on the plan The replication area is 2 125 s f M Howard met with Mr Erickson at the site M Howard would like to see a modified plan to include plantings based "on-center" The commission discussed the plan with Mr Erickson M Howard stressed that Mr Erickson will need to be on site to verify hydrology Motion by J Lynch to Issue an Order of Conditions within 21 days of receipt of the DEP No second by D Feltovic Vote 6-0-0 242- , Lot D Dale Street Tony DiDio the applicant appeared before the commission Mr DiDio is building a single family home on Dale Street The septic system is not in the Buffer Zone The single family home is outside the 50 ' no-build The home is to be behind the stonewall M Howard viewed the site There is no foundation drain on the plan M Howard stated that if the applicant is planning a deck it should be noted on the plan G Reich advised the applicant to keep the deck 501 away from the Bordering Vegetated Wetlands The wetland delineation was inconsistent In the field and would need to be re-evaluated The applicant will return with a revised plan Motion to Continue to 09-06-95 by J Lynch second by D Feltovic Vote 6-0-0 242- , Lots 11, 13 , 14 , Concord Street, Steven Stapinski of Merrimack Engineers presented plans to the commission and to the abutters This wetland line was previously approved under DEP # 242-740 He stated that approximately 6 months ago the NACC issued Orders of Conditions to Lot B and Lot 10B Concord Street Since the issuance of those Orders the Slipkowsky property was subdivided A third single family home could be built on Lot A Mr Slipkowsky conveyed his property to Mr Stapinski' s client Lot A abuts the Town Garage The Town Yard is in Wayne Street Lots C and Lot 10A will be conveyed to the Town The proposed house does not have a deck The foundation drain is not on the plan North Andover Conservation Commission 6 August 16 1995 G Reich stated there is a letter 1n the file from Marianne McElhinney dated August 11 1995 objecting to this project The abutters present stated their concerns regarding the type of building that would be built J Lynch responded to the abutters that the NACC is concerned with the wetlands being affected, it has no jurisdiction regarding house design R Mansour stated that this is the last house that could go in that area The wetlands are not to be altered M Howard requested that a tree line (white pine) be established along the 25' no-disturbance line Motion by J Lynch to Close the Public Hearing and Issue and Order of Condition within 21 Days of Receipt of the DEP No second by D Feltovic Vote 6-0-0 242-763 , Lots 1 & 2 Boxford Road Mr Thomas Neve of Neve Associates was present for the applicant Flintlock, Inc Mr Neve informed the commission that David Kindred (Flintlock) has the property Under Agreement This is an undeveloped piece of land Francis Szelest owns the property This area is zoned for 2-acre lots Plan is at a 50-scale Culverts will be installed under the driveway Abutter Joyce Bradshaw and resident Elsie Pouliot reviewed the plans 1 860 s f of BVW will be altered for the purpose of constructing a common driveway to access the buildable portions of each lot Two 12" culverts will be installed under the driveway The driveway will be 5 ' from the stone wall Mr Neve stated there is no upland access from Duncan Drive M Howard requested 2 1 replication Joyce Bradshaw gave permission to Thomas Neve to shoot elevations from her property Joyce Bradshaw has concerns with standing water in certain areas there is a swamp/bog Joyce Bradshaw asked that the fill material be 'conditioned' M Howard stated that the fill used is 'conditioned' in the Order of Conditions There is 2 1/2 '-3 ' of organic soil at this site The diversion of water was discussed Elsie Pouliot presented photos to the commission Joyce Bradshaw asked about the common driveway becoming a roadway G Reich stated that then the applicant would have to re-file with the commission Joyce Bradshaw questioned the septic location Mr Neve stated that it is 5' above the water table G Reich stated they are to stay 100' from the wetland J Lynch requested a soil profile Motion by J Mottola to Continue to September 6 1995 second by J Lynch Vote 6-0-0 242-764 , Lot 3 Lost Pond Lane Thomas Neve was -3resent before the commission with plans The commission reviewed the plans The applicant proposes to alter Lot North Andover Conservation Commission 7 August 16, 1995 3 Lost Pond Lane for the purposes of regrading within the buffer zone of a bordering vegetated wetland The proposed work will not alter an Area Subject to Protection Under the Act Motion by J Lynch to Ratify the Decision this evening and Issue a Notification of Non-Significance second by D Feltovic Vote 6- 0-0 242-765, Lot 8 Lost Pond Lane Thomas Neve was present before the commission with plans The commission reviewed the plans The applicant proposes to alter land at Lot 8 Lost Pond Lane for the purposes of constructing a house, foundation drain portion of a driveway and do regrading within the buffer zone of a bordering vegetated wetland Motion by J Lynch to Close the Public Hearing and Issue a Decision within 21 days second by D Feltovic Vote 6-0-0 242-766, Lot 11 Lost Pond Lane Thomas Neve was present before the commission with plans The commission reviewed the plans The applicant proposes to alter land at Lot 11 Lost Pond Lane for the purposes of constructing a house deck and foundation drain portion of a driveway and do regrading within the buffer zone of a bordering vegetated wetland M Howard questioned the limits of ILSF and stated that the plan is not an accurate depiction Mr Neve agreed and will submit a revised plan Motion by J Lynch to Continue to September 6 1995 second by D Feltovic Vote 6-0-0 242-767, Lot 13 Lost Pond Lane Thomas Neve was present before the commission with plans The commission reviewed the plans The applicant proposes to alter land at Lot 13 Lost Pond Lane for the purposes of constructing a house, deck foundation drain driveway and do regrading within the buffer zone of a bordering vegetated wetland This lot is the first lot on the right when entering the subdivision Motion by J Lynch to Close the Public Hearing and Issue an Order of Conditions within 21 days second by D Feltovic Vote 6-0-0 242- , Lots 11, 13 , 14 Concord Street W Gangl to draft Orders of Condition due within 21 days of receipt of DEP# North Andover Conservation Commission 8 August 16 1995 242- , 2350 Turnpike Street M Howard to draft Orders of Condition due within 21 days of receipt of DEP# 242-764 , Lot 3 Lost Pond Lane Notice of Non-Significance Issued 242-765, Lot 8 Lost Pond Lane M Howard to draft Orders of Condition due September 6 1995 242-767, Lot 13 Lost Pond Lane M Howard to draft Orders of Condition due September 6 1995 Motion by D Feltovic to Adjourn second by R Mansour Vote 6-0- 0 Ge rge L Reich Chairman