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HomeMy WebLinkAbout1995-10-04 Conservation Commission Minutes North Andover Conservation Commission October 4 1995 Senior Citizens ' Center 7 00 P M PRESENT George L Reich Joseph Lynch Deborah Feltovic Joseph Mottola Walter Gangl STAFF Michael D Howard Donna Mae D'Agata Julie A Parrino G Reich called the meeting to order at 7 00 P M MINUTES September 6 1995 Motion by J Mottola to accept the minutes of September 6 1995 second by D Feltovic Vote 4-0-0 Walter Gangl not present September 20 1995 No action Walter Gangl arrived at 7 05 P M OLD BUSINESS 242-416, Lot 14, #191 Coventry Lane, Certificate of Compliance This matter was Taken Under Advisement at the September 20 1995 meeting A site walk was held Monday September 25, 1995 at 6 00 P M J Lynch informed the commission that the yard is stable This issue was the extent of filling in the rear yard which extended beyond what was proposed on the drawing The applicant claimed that this was approved by a former Conservation Administrator At the September 20 1995 meeting the commission discussed seizing the bond for wetland banking M Howard stated that restoration of the lot would damage the resource area M Howard stated there was no as-built plan in the file Thomas Neve provided the commission with a plan at the September 20 meeting M Howard seeks guidance from the commission with respect to former administrators approving sites which are not in compliance G Reich stated the administrator does not have the right to overrule nor change an Order of Conditions M Howard stated the State of Massachusetts is implementing a procedure for setting funds aside for offsite wetland replication J Lynch stated he is not sure if the State will do that by way of bond seizures J Lynch stated there is no encroachment in the wetland W Gangl recommended that future Orders of Condition state that no changes can be made by the Administrator The Order of Conditions clearly states a Modification must be requested before the commission M North Andover Conservation Commission 2 October 4 1995 Howard stated he would never waive the 251no-disturbance zone nor the 50 ' no-build zone The commission reviewed the plan G Reich stated it is a steep slope J Lynch stated the slope is 1 1 It is well vegetated with a mix of wild flowers not a lawn The buffer is being maintained, the lawn is 10' from the resource area at the closest point which is the top of the hill The wild flowers provide a well-defined no-cut line M Howard stated he has no problem recommending the issuance of a Certificate of Compliance M Howard stated the work done was in good faith and with the permission of the former Administrator Mr Torrisi stated that he met with that Administrator 8 to 12 times at the site G Reich proposed no mowing that piece of lawn The issue is how close the lawn is to the resource area J Lynch stated the site would be in full compliance if a hedge was planted M Howard stated the no- disturbance zone is satisfied because of the slope The Order of Conditions called for a letter not an as-built plan M Howard stated Mr Torrisi did the work with the permission of the former Administrator J Mottola stated that each case which comes before the commission must be evaluated on a case-by-case basis The far corner of the lot is the issue Mr Torrisi is to plant a hedge row in the corner and stop mowing in that area J Lynch stated that would put the site in compliance M Howard will work with Mr Torrisi Motion by J Lynch to Deny the Request for Certificate of Compliance second by D Feltovic Vote 5-0-0 NEW BUSINESS 242-718, Lots 1-14 Hidden Pond Road, Partial Bond Release David Kindred addressed the commission He is requesting a partial bond release The existing bond is in the amount of $60 000 He stated the road is up to binder Photos were presented to the commission The underground utilities are in The concern was the crossing which is now stabilized The houses for this development are under separate filings M Howard stated his department is out there frequently and he is pleased with the work The only problem is the replication area which will be completely re-done The wetland biologist did not follow the plan Mr Kindred stated the area is graded properly but the plantings were done in the wrong area by the biologist The replication area is 1, 200 s f M Howard recommends 50 percent reduction of the bond Motion by J Lynch to Reduce the Bond from $60 000 to $30, 000 second by D Feltovzc Vote 5-0-0 North Andover Conservation Commission 3 October 4 1995 242-727, Lot B Penni Lane, Certificate of Compliance J Parrino stated she did a site inspection The site is stable and she recommends compliance Motion by D Feltovic to Issue a Certificate of Compliance second by J Lynch Vote 5-0-0 242-576, Lot 19A Candlestick Road, Certificate of Compliance James Bourgeous of Neve Associates was present Plans were reviewed by the commission J Parrino stated she did a site inspection The grass is stable The measurements are correct The driveway is built according the to plan She recommends compliance Motion by D Feltovic to Issue a Certificate of Compliance second by J Mottola Vote 5-0-0 242-577 Lot 44 Candlestick Road, Certificate of Comp_la_ance James Bourgeous of Neve Associates was present Plans were reviewed by the commission M Howard stated this file was before the commission at last hearing September 20 1995 The request at that time was for a Modification to the Order of Conditions by the homeowner David Bardwell The Order of Conditions expired May 19 1995 therefore, a Modification to the Order could not be granted Mr Robert Janusz filed for a Certificate of Compliance on September 21 1995 Mr Bourgeous is present to discuss that request Mr Bourgeous stated the site is stable and built accordingly M Howard recommends the issuance of a Certificate of Compliance He stated the deck is 27 ' from the resource area The site is maintained according to the plan There is a 25 ' no- disturbance zone W Gangl asked where the septic system was Mr Bourgeous pointed the area out on the plan The plan was reviewed by the commission G Reich stated the Order of Conditions stated there shall be a 25 ' no-disturbance zone The plan shows Flag B27 is 17 ' from the no- disturbance zone W Gangl wants the septic system drawn on the plan Motion by J Lynch to Deny the Request for a Certificate of Compliance second by D Feltovic Vote 5-0-0 242-719, Lot 3 Candlestick Road, Certificate of Compliance 242-374 , Lot 3 Candlestick Road, Certificate of Compliance J Parrino addressed the commission Joseph Barbagallo is seeking a Certificate of Compliance for 242-719 and 242-374 which is a North Andover Conservation Commission 4 October 4 1995 former filing for the same site She stated she viewed the site, there is a 25 ' no-cut zone, the no-build zone was waived to 32 ' as part of the Order There is a deck roughly 40 ' from resource area She presented a photograph to the commission She stated the wall is stable as well as the site The wall is not shown on the as- built plan J Parrino recommended compliance She stated the haybale requirement was 25' G Reich stated the haybale line is in violation as the plan shows the line at 15 ' and it should be 25 ' W Gangl stated he viewed the site and didn't notice any disturbance The wall is not shown on the plan The haybale barrier is shown It is 10 ' out of compliance Philip Christiansen stated the wall was not part of the original decision The wall is built at the 25' buffer zone J Parrino discussed the measurements taken in the field J Lynch read a section of the Order Joseph Barbagallo stated the erosion control is placed exactly where the engineer specified W Gangl stated he agrees with J Parrino's recommendation for compliance from his view of the site G Reich stated he wants to see the wall J Lynch recommended a site walk W Gangl agrees with the suggestion of a site walk but does not want to hold up the compliance as it is not fair to the applicant and he again stated he agrees with J Parrino and his view of the site visit G Reich stated the as-built shows a violation and the wall is not shown on the plan J Parrino stated there is no impact on resource area G Reich stated the haybale line on the plan is 15 ' away Motion by Walter Gangl to Issue Certificates of Compliance for 242- 719 and 242-374 second by J Mottola Vote 2-3-0 G Reich J Lynch and D Feltovic against Motion by J Lynch to Deny the Certificates of Compliance for 242- 719 and 242-374, second by D Feltovic Vote 3-2-0 W Gangl and J Mottola against 242-542 , Lot 3 Scott Circle, Certificate of Compliance J Parrino stated Lot 3 is the last lot in the Order The Order of Conditions is for Lots 1 2 and 3 Scott Circle Lots 1 and 2 received compliance She stated that the lawn is stable and that is what was required to be in compliance She recommended compliance Motion by J Lynch to Issue a Certificate of Compliance second by D Feltovic Vote 5-0-0 242-743 , Lots 28 & 41 Salem Street, Review Dewatering Plans and Bridge Detail M Howard stated the Order requires the applicant to supply the commission with documents as the work progresses J Lynch stated the dewatering would be a concern The report shows track device North Andover Conservation Commission 5 October 4, 1995 to be brought in J Lynch stated the commission has no jurisdiction to approve the foundation design J Lynch stated the commission reviews the spoils None of the commission's concerns are .in the report Phil Christiansen stated the Order specifies that construction plans and reports are to be submitted to the commission The soils report is done by a geotechnical engineer The plans submitted tonight show above-ground work The de- watering plans were reviewed by the commission J Lynch stated the footing when dug may result in high water Phil Christiansen asked when footing designs are modified does he have to return to the commission J Lynch responded that the applicant can submit whatever the engineer feels is appropriate The dewatering plans do not have to be shown Bridge plans would have to be submitted Phil Christiansen stated that a construction sequence was submitted to Planning M Howard stated Conservation does not have a copy Phil Christiansen stated he wants to proceed with the job and hopes he does not have to wait every two weeks between plans G Reich stated as long as the plan is not modified Mr Christiansen could start replication only G Reich stated he would like to see the construction sequence Phil Christiansen stated he would like to have the footings in by November J Lynch stated he would like the Administrator to be on site during the dewatering operation Phil Christiansen stated the side slopes are 1 1 as the geotechnical engineer specified He also stated that the Department of Environmental Protection requires the filing for a 401 Permit J Lynch stated that any pre-blasting will be handled by the Fire Department Phil Christiansen stated will be provide the commission with construction sequences 242-725, 37 Anne Road, Modification to Order of Conditions Ron Pica of R J Pica Engineering addressed the commission He is requesting Modification to Order of Conditions He presented plans to the commission A footing all around the perimeter is shown on the plan The perimeter is 18" below the surface He stated the building inspector is not opposed to this There would be no more disturbance to the bridge that if the rails were replaced The bridge is 48 ' Erosion control devices will be maintained Excavation is 6 ' from the resource area G Reich stated the Order states 101and 7 ' respectively G Reich stated this is a Major Modification and requires a new filing Mr Eric Slderi the property owner, stated this project is for a covered bridge over the wetlands for aesthetic purposes only There will be no disturbance to the wetlands G Reich asked Mr Pica if he could keep to the 7 ' 10 ' G Reich stated is was originally 5 ' 8 ' and the commission specified 7 ' 10 ' J Lynch stated then it would be a Minor Modification The commission stated the Conservation Administrator could approve the plan which shows the 7 ' 10 ' on one side and 10 ' on the other e North Andover Conservation Commission 6 October 4 1995 Motion by J Lynch to accept the revision to the plan and Issue a Modification to the Order of Conditions second by W Gangl Vote 5-0-0 PUBLIC HEARINGS Requests for Determination Bridges Lane, Map 104D, Lot 108 , Joseph Contrada Mr Les Godin of Merrimack Engineering Services stated he is representing Joseph Contrada Plans were reviewed and discussed Proposal is for a house and driveway Proposed silt fence and limit of work is 38 ' from the wetland M Howard stated he does not approve the delineation, the limit of wetlands expands out The flags are not numbered M Howard stated a Notice of Intent should be filed based on blasting and runoff and he also requests drainage calculations M Howard recommends a Positive Determination as he disagrees with the delineation J Lynch stated he understands the concern of M Howard as there are no drainage calculations Les Godin stated the house is 30 ' x 40' M Howard is concerned with the flow into the basin J Lynch stated drainage calculations are not usually requested for a single family home M Howard stated he is not satisfied that the wetland is protected The 25 ' no-disturb and the 50 ' no-build zones are satisfied M Howard stated he wants to see the blasting information as well as the drainage calculations There are two or three test pits within the limits of the wetland on this site A wetland restoration plan will be required Abutter Mr Burbank of 185 Bridge Lane asked where the water is going to go and stated he does not want any water backup on his property Mr Burbank presented photos to the commission Motion by J Lynch to Issue a Positive Determination and to state that the North Andover Conservation Commission does not agree with the wetland delineation second by D Feltovic Vote 5-0-0 Osgood Street, Map 94, Lot 1, North Andover Conservation W Gangl stated he is the Director of the Youth League therefore, he abstains from discussions and vote Steve Foster was present M Howard stated that Acting Town Manager Kenneth Mahony requested M Howard delineate the area There are local and state 3urisdictional freshwater wetlands There is a large wetland behind the public works building There is a violation to the local bylaw The vegetation was cut The vegetation was Japanese Knotweed Violation was by the American Textile Museum The Town does not own this land The upland is fill M Howard requested a continuance to October 18 , 1995 so the commission could walk the site to approve the wetland delineation J Lynch stated he walked North Andover Conservation Commission 7 October 4 1995 the site with M Howard and the wetland area may be trapped water not a vernal pool G Reich stated the determination will be made as though this is privately owned land M Howard requested four members to walk the site and a continuance to October 18 Motion by J Lynch to Continue the Request for Determination to October 18, 1995 to establish the wetland lane, second by D Feltovic Vote 4-0-1 W Gangl abstained Lot 10, Lost Pond Lane, David Kindred James Bourgeous of Neve Associates and David Kindred of Flintlock Inc were present Plans were displayed for the commission The dwelling is 70 ' from the resource area The commission reviewed and discussed the plan Motion by J Lynch to Issue a Negative Determination sub3ect to Erosion Controls as indicated on the Plan second by D Feltovic Vote 5-0-0 Notices of Intent 242-773 Lot 1 Lost Pond Lane David Kindred James Bourgeous of Neve Associates and David Kindred of Flintlock Inc were present Plans were reviewed and discussed by the commission Motion to Close the Public Hearing and Issue a Decision within 21 Days second by D Feltovic Vote 5-0-0 242 , Lot 4 Lost Pond Lane, David Kindred James Bourgeous of Neve Associates and David Kindred of Flintlock Inc were present Plans were reviewed and discussed by the commission Motion to Close the Public Hearing and Issue a Decision within 21 Days, second by D Feltovic Vote 5-0-0 242-775 Lot 7 Lost Pond Lane David Kindred James Bourgeous of Neve Associates and David Kindred of Flintlock Inc were present Plans were reviewed and discussed by the commission Motion to Close the Public Hearing and Issue a Decision within 21 Days second by D Feltovic Vote 5-0-0 I North Andover Conservation Commission 8 October 4 1995 DISCUSSION G Reich announced that Walter Gangl has submitted a letter of resignation effective October 5 1995 Mr Gangl has accepted a position in New York NEW BUSINESS 242-733 , Lot 8 Hillside Road, Bond Discussion M Howard addressed the commission and stated that the applicant requests to post a Bond Agreement as opposed to a check The commission denied the request as the North Andover Conservation Commission's Bond Agreement states that a check is to be deposited with the Treasurer of the Town Motion by D Feltovic to Deny the Request for a Bond Agreement second by J Lynch Vote 5-0-0 DECISIONS 242-772, 80 Flagship Drive, Central Metal Finishing Motion by D Feltovic to accept the drafted decision of 242-772 second by J Lynch Vote 5-0-0 242-757, Boxford Street, east of 279, (Jerad IV) Motion by D Feltovic to accept the drafted decision of 242-757 second by J Lynch Vote 5-0-0 242-771, Lot B-1 South Bradford Street Motion by D Feltovic to accept the drafted decision of 242-771 second by J Lynch Vote 5-0-0 242-763 Lots 1 & 2 Boxford Street Motion by D Feltovic to accept the drafted decision of 242-763 second by J Lynch Vote 5-0-0 242-773 , Lot 1 Lost Pond Lane M Howard to draft decision 242-774 , Lot 4 Lost Pond Lane M Howard to draft decision North Andover Conservation Commission 9 October 4, 1995 242-775 Lot 7 Lost Pond Lane M Howard to draft decision SITEWALR The commission decided to walk the site of Lot 1 Osgood Street Map 94, Lot 1 on Saturday, October 14 , 1995 at 9 00 A M They will meet at the Public Works Building The commission also decided to walk the site at 400 Winter Street following the site walk at Osgood Street ADJOURN Motion by D Feltovzc to ad3ourn at 10 50 P M , second by J Lynch Vote 5-0-0 Gedrge L Reich Chairman