HomeMy WebLinkAbout1995-09-06 Conservation Commission Minutes North Andover Conservation Commission
September 6 1995
Senior Citizens' Center
PRESENT George L Reich Joseph Lynch
Deborah Feltovic Joseph Mottola
Walter Gangl
STAFF Michael D Howard 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 16, 1995 second
D Feltovic Vote 4-0-0 W Gangl not present
NEW BUSINESS
242-727 , Lot B Penni Lane. Certificate of Compliance and Bond
Release
The applicant, David A Kindred requested this matter be continued
to October 4 1995
242-416, Lot 14, 191 Coventry Lane, Partial Bond Release
The applicant's representative, Thomas Neve requested this matter
be continued to September 20 1995
242-545, Lot 2 Liberty Street - Partial Bond Release
M Howard addressed the Commission The applicant Dana Rodrigues
was not present Minor modifications to the property have been
conducted but were never filed with the commission There is a
wetland crossing on the property The property is stable and
satisfactory The house and driveway have been moved The banks
are rip-rapped The house is outside the 100 ' buffer zone The
area is not ready for compliance Twenty-five foot no-cut and 50 '
no-build is required There is a bond posted in the amount of
$3 000 00
M Howard recommends release of $1 500 00 J Lynch stated as-
builts cost $1 500 and then stabilization is needed
Motion by J Lynch to reduce the bond from $3 000 00 to $2 000 00
releasing $1 000 00 to the applicant second by D Feltovic Vote
4-0-0 W Gangl not present
242-158, Lot 69 , #346 Bear Hill Road, Certificate of Compliance
M Howard addressed the Commission This lot does not have any
wetlands This is an administrative issue M Howard recommends
partial compliance for Lot 69 #346 Bear Hill Road only
North Andover Conservation Commission 2
September 6 1995
M Howard addressed the Commission This lot does not have any
wetlands This is an administrative issue M Howard recommends
partial compliance for Lot 69, #346 Bear Hill Road only
Motion by J Lynch to Issue a Partial Certificate of Compliance for
Lot 69 #346 Bear Hill Road only second by D Feltovic Vote 4-
0-0 W Gangl not present
242-593 , Lots 1-12 Old Cart Way, Extension to Order of Conditions
M Howard addressed the Commission Scott Construction received a
Modification of Order of Conditions dated January 10, 1994 An
Amended Order of Conditions was issued June 20 1994 The original
Order of Conditions was issued August 27 1992 The date of
Expiration is August 27 1995 The applicant believed the Amended
Order of Conditions extended the permit for another three years
G Reich stated the applicant's attorney advised the applicant that
the expiration date was three years from the Modification of Order
of Conditions
G Reich stated the Commission usually does not extend any expired
Order of Conditions G Reich stated the attorney is incorrect
however, the applicant is ]ust past the due date and he is not
inclined to have the applicant re-file
Motion by W Gangl to Extend the Order of Conditions for One Year
to expire August 26 1996 second by J Lynch Vote 5-0-0
242-600, Lots 5-9 North Andover Estates Extension to Order of
Conditions
Mr Patrick Seekamp of Wetland Preservation Inc addressed the
Commission requesting an Extension to the Order of Conditions for
Lots 5-9 North Andover Estates, all of which is in a buffer zone of
a bordering vegetated wetland All lots are built and sold The
topo and as-builts are not ready yet therefore, an extension is
requested Wetland scientist reports are need for the confirmation
of wetland replication areas Mr Seekamp stated that a
Certificate of Compliance will be requested for each lot the next
time they come before the Commission Mr Seekamp is not sure why
the Notice of Intent was filed for these particular lots It could
have been the pressure from the real estate to sell
M Howard discussed Condition #17 He is not sure if the wetland
replication areas fall under this filing or 242-585 Condition #46
states a wetland replication report is needed M Howard would
like all the wetland replication areas to be under 242-585 The
bond for 242-585 is in the amount of $30 000 00 M Howard
recommends a six-month extension
G Reich wants the replication report within 6 months in order to
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September 6, 1995
issue the Certificate of Compliance Compliance for the wetland
replication will not be ready in 6 months M Howard would like to
close out the file as soon as possible because four files are
presently open for this site
Motion by J Lynch to Issue an Extension to the Order of Conditions
for six months, second by D Feltovic Vote 5-0-0
North Andover Estates - Discussion
Mr Patrick Seekamp stated the back hillside is completely stable
Two unstable areas are being worked on Last week the vernal pool
was cleaned out and original elevations and wildlife habitat were
restored The slope that was disturbed for equipment access will
be stabilized Mr Seekamp expects wildlife activities in the pool
this spring The replication area' s construction sequence and
grading plan will be submitted in the next several weeks including
the work on the detention pond Two stone berms will be removed in
the detention pond Additional lot stabilization continuing J
Lynch observed the site last Saturday and stated that the silt
screens over catchbasins and restabilization of haybales are doing
a good job
Violation. 14 Chickering Road - Discussion
A violation was noticed by J Lynch at property at 14 Chickering
Road An open field was mowed The area collects drainage from
Chickering Road There is high ground water in this area The
area is hayed yearly The area was mowed too close to the brook
and the cattails
M Howard met with the violator in the field, potential
intermittent stream M Howard told the violator not to cut next
to the stream Soil tests were done by M Howard and he does not
feel the area has been significantly impacted The applicant
stated that a filing of a Notice in the winter for potential
development is likely
There is a failed headwall to the stream J Lynch agrees no fine
should be issued G Reich would like a 25 ' no-cut maintained
until a formal filing
Youth Center Discussion
M Howard delineated the wetland on the property There is a state
wetland to the left and rear of the property and a local bylaw
wetland in the front of the building There has been a violation
clearing and mowing has occurred within the buffer zone and through
the wetland M Howard explained the difference between a state
versus local wetland to the conservation members In order for the
front wetlands to be subject to state regulations it would have to
North Andover Conservation Commission 4
September 6 1995
be isolated land subject to flooding and meet all the requirements
The isolated bylaw wetland has hydric soils vegetation and is over
1, 000 s f
PUBLIC HEARINGS
242-757 , Boxford Street, east of 279 , (Jerad IV) R Janusz
The applicant submitted a letter requesting continuance to
September 20 1995
242-763 , Lots 1 & 2 Boxford Road, Flintlock
The applicant submitted a letter requesting continuance to
September 20 1995
242-769, Lot "D" Dale Street, Anthony C DiDio
M Howard spoke for the applicant Anthony DiDio Scott Giles
represented the applicant at the last hearing The commission
requested that a deck and drain be shown on the plan M Howard
had a difficult time distinguishing which flags on the field were
the wetland flags therefore the hearing was continued New plans
were submitted The wetland has since been verified and
modifications are complete
Motion by J Mottola to Close the Public Hearing and Issue a
Decision within 21 days, second by D Feltovic Vote 5-0-0
242-766, Lot 11 Lost Pond Lane, David Kindred, Flintlock
James Bourgeous of Thomas Neve Associates was present before the
commission The developer, David Kindred, was also present The
proposal is a single family home Compensatory flood storage will
be provided to the rear of the property within the 25 ' no-cut zone
G Reich stated the Order of Conditions will stated that the
compensatory flood storage area will have vegetation restored
David Kindred does not believe there are trees within the
compensatory flood storage area
Motion by J Lynch to Close the Public Hearing and Issue a Decision
within 21 days second by D Feltovic Vote 5-0-0
242-770, Lot 12 Lost Pond Lane, David Kindred, Flintlock
James Bourgeous of Thomas Neve Associates was present before the
commission The developer David Kindred was also present The
proposal is a single family dwelling New plans were submitted to
show a larger deck There is compensatory flood storage corner on
this lot Compensatory flood storage violating the 25 ' no-cut
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September 6 1995
zone Restoration of buffer zone will be required Riprap is
proposed at the end of foundation drain
Motion by J Mottola to Close the Public Hearing and Issue a
Decision within 21 days second by D Feltovic Vote 5-0-0
242-771, Lot B-1 So Bradford Street, John Zahouruiko
Daniel O'Connell of Christiansen & Sergi was present There is a
manmade pond in front of the property which was created 25-30 years
ago Existing gravel driveway with culvert crosses over two
wetland areas Daniel O'Connell presented photos of the property
to the commission The culvert pipe is 24 ' long Sewer service
and water will run under existing pipe The pipe is currently
stable and well maintained The house is set back 59 feet from the
wetland Twenty-five feet to 50 ' buffers are maintained except for
the crossing M Howard questioned the ditch on the plan The
wetland line had not yet been reviewed by the administrator The
driveway will be 12 ' wide The applicant would like the wetland
maintained as a recreation pond 25 ' no-cut currently not being
maintained The area around the pond is well manicured and
landscaped J Lynch questioned the depths of the inverts for the
sewer Variances have been granted by the Zoning Board of Appeals
Motion by J Lynch to Continue to September 20 1995, second by D
Feltovic Vote 5-0-0
242- , 80 Flagship Drive, Central Metal Finishing
James Bourgeous of Neve Associates was present and Carol Shibels
were present President of Central Metal Finishing Mr Bourgeous
displayed as-built plans of the industrial park to point out the
location of Central Metal Finishing (next to Chemlawn) John
Chessia of Coler & Colantonio made suggestions as to what was
additionally need on site Plans were sent to them from the
Planning Department It is a one-story building built in early
1980s The proposal is to add a 9 500 s f building The shaded-
blue areas on the plan indicated additional paving The wetland
resource area exists toward the rear of the property Large
stockpile ad]acent to the wetland The applicant is proposing to
remove the stockpiled dirt and restore the area A detention pond
will be constructed Stormwater and roof drain will run to the
detention pond and into the catchbaszn The proposed plantings in
the 25 ' no-cut zone will be red maple and arrowood M Howard
could only locate one wetland flag in the field The flags need to
be reestablished M Howard would like to meet with Steve D'Urso
in the field Drainage calculations are being reviewed by the
town's consultants
The plant uses acids for the plating process The chemicals will
be delivered and stored in storage units Mr Bourgeous explained
North Andover Conservation Commission 6
September 6 1995
that a sump in a standard catch basin would accommodate a 55-gallon
spill J Lynch disagrees He explained that a sump settles out
solids and stated that during a storm the chemicals from a
possible spill would flow directly through the catchbasin M
Howard asked for Material and Safety Data Sheets (MSDS) J Lynch
asked if the storage units have containment outside of them Carol
Shibels stated that there was containment mechanisms within the
storage units The haybale line will be placed along the edge of
the resource area M Howard stated that the stockpiled bank is
stable G Reich is in favor of removing the stockpile The
commission is currently awaiting recommendations from John Chesia
J Lynch asked if there was a high water table J Lynch also
asked if there was standing water in the detention pond D
Feltovic asked if the drums are hand-carried when delivered to the
buildings Carol Shibels stated that the drums are transported by
hand trucks not forklifts Abutter Bill Priva of Marian Drive
asked questions about the chemicals on the storage units It was
explained that the storage units were not waste-storage sheds only
used for surplus products Sludge is produced from the process and
is dried and stored inside the building Bill Priva asked how
necessary is the excess parking spaces He is concerned about the
noise and light coming off the property
Motion by D Feltovic to Continue to September 20 1995 for
Verification of the Line MSDS and test pits second by D
Feltovic Vote 5-0-0
DECISIONS
Motion by J Lynch to accept the drafted decision of 242-768 Lots
11, 13, 14 Concord Street, second by D Feltovic Vote 5-0-0
Motion by D Feltovic to accept the drafted decision of 242-769
Lot "D" Dale Street second by W Gangl Vote 5-0-0
Motion by J Lynch to accept the drafted decision of 242-761 2350
Turnpike Street, second by J Mottola Vote 5-0-0
Motion by J Lynch to accept the drafted decision of 242-765 Lot
8 Lost Pond Lane, second by J Mottola Vote 5-0-0
Motion by J Lynch to accept the drafted decision of 242-767 Lot
13 Lost Pond Lane second by J Mottolla Vote 5-0-0
242-766 Lot 11 Lost Pond Lane M Howard to draft
242-770 Lot 12 Lost Pond Lane M Howard to draft
Motion by J Lynch to ad)ourn at 9 30 P M , second by D Feltovic
Vote 5-0-0
North Andover Conservation Commission 7
Septe e 6 1995
Geo ge L Reich Chairman