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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 North Andover Conservation Commission 3 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 North Andover Conservation Commission 5 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