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HomeMy WebLinkAbout1995-10-18 Conservation Commission Minutes North Andover Conservation Commission October 18 1995 Senior Citizens' Center 7 00 P M PRESENT George L Reich Joseph W Lynch Robert Mansour Albert P Manzi Jr Deborah Feltovic Joseph Mottola STAFF Michael D Howard Donna Mae D'Agata Julie A Parrino Chairman Reich called the meeting to order at 7 00 P M MINUTES Minutes of September 20, 1995 No action Minutes of October 4 1995 Motion by D Feltovic to accept the minutes of October 4 1995 as written second J Lynch Vote 6-0-0 242-626, Lots 1 & 2 Great Pond Road, Extension to Order of Conditions The applicant requested this matter be continued to November 1 1995 in order to re-flag the wetlands 242-654, 400 Winter Street, Discussion M Howard stated that the commission walked the site Saturday October 14, 1995 at his request M Howard stated that past violations have ben rectified A wetland replication plan has not been submitted to the commission the existing on-site loam pile is not adequately protected the existing wetland crossing is not yet stable status reports as required by the Order of Conditions have not been submitted M Howard was of the opinion that the project as it presently exists is in violation of the Act and the Bylaw Mr Tyler Monroe presented the commission with a status report He stated that the report addresses the wetland replication plan R Mansour asked when the pipe would be installed Mr Monroe stated that the replication plan will be complete by November 10 1995 G Reich stated that the replication on the plan if approved by the conservation administrator does not mean that the responsibility for success belongs to the administrator the responsibility stays with the applicant M Howard stated that there are no outstanding Enforcement Orders A Manzi asked if the report submitted is satisfactory to the commission J Lynch stated that Item #2 should be changed to 6" r North Andover Conservation Commission 2 October 18 1995 stone (re slope stabilization) Replication shall be completed in the spring of 1996 under the direction of the administrator Wetland Violation M Howard stated that the office received three complaints regarding Mr Monroe withdrawing water from ponds streams and vegetated wetlands in the town for the purposes of filling his irrigation/hyrdoseeding trucks M Howard stated this is the second warning he has issued requesting that Mr Monroe cease and desist from this activity Mr Monroe stated that the Department of Public Works advised him to draw water from those natural resources He stated that there is no discharge from his truck and that it is common practice for that trade to draw from those bodies of water Mr Monroe stated that he cannot draw from hydrants and it is too time consuming to withdraw from his faucet The drawing from the water bodies is totally a convenience He stated that it is not hazardous at all He'd like to get one site in town to draw from and he is willing to pay for it G Reich stated that this activity is a violation of the Act and the Bylaw R Mansour stated that Mr Monroe and M Howard should talk with the Public Works Department regarding drawing water from a hydrant in a low-impact area so as to avoid rusting in the water Mr Monroe stated he understands he is in violation but he needs to be told what to do R Mansour suggested talks with Public Works Mr Monroe stated that he really didn't pursue that R Mansour stated that M Howard should work with Mr Monroe and Public Works D Feltovic agrees with R Mansour and stated that M Howard should be congratulated for his knowledge his efforts and his work J Mottola asked if the issue is outside of the jurisdiction of the commission A Manzi stated the responsibility rests with Mr Monroe and perhaps M Howard could 'open a door' for him at Public Works but not do the work for him Mr Monroe stated he would make it his responsibility and he will go to Public Works J Lynch stated there have been three complaints and two warnings Motion by J Lynch to Issue a Violation citing the Act without a fine as a first offense stating the second offense within the warning, second by J Mottola Vote 6-0-0 242-759, Lot 94 Flagship Drive, Modification to Order of Conditions Mr Chuck Caron addressed the commission He presented a plan before the commission and stated that the modification involves a reduced pavement area and less runoff Mr Caron stated that a fence is required in the Order In lieu of the fence he would like r North Andover Conservation Commission 3 October 18 1995 a row of plantings G Reich stated that the reason for the fence was because of dumping Mr Caron stated the area is the employees parking area R Mansour stated the dumping is from the trucks The commission discussed the plan before them M Howard stated that he was not aware that the modification included plantings rather than the fence M Howard stated that a portion of the berm would be removed A drainage modification is before the commission The plan of record was reviewed R Mansour suggested a snow fence in addition to the plantings, as a snow fence would be temporary M Howard stated he did not discuss the fence He stated that he has no problem with the plan dated June 1995, Revised July 21 1995 Revised September 20 1995 Motion by J Lynch to Accept the Revised Site Plan of Land as submitted as a Minor Modification second by D Feltovic Vote 6- 0-0 This Minor Modification does not include nor change any other fence requirement 242-719/242-374, Lot 3 Candlestick Road, Certificate of Compliance J Parrino addressed the commission A new plan was submitted to the commission J Parrino stated the new plan shows a wetland flag with a 23 ' buffer zone (this was verified in the field) Erosion control at it closest point is 15 ' An area was cleared in the no-disturbance zone to install underground utilities (electric cable and telephone) G Reich stated he wants the area restored A Manzi stated trees cannot be placed over the underground utilities A Request for a Modification should have been filed The As-built plan submitted this evening does not reflect "in-field" conditions M Howard stated the site is okay G Reich stated the compliance cannot be issued without an acceptable as-built plan G Reich stated the commission has a problem with the engineer's certification for this submittal Motion by A Manzi to Deny the Certificate of Compliance for 242- 719 pending submittal of an as-built plan showing the utilities second by J Lynch Vote 6-0-0 Motion by J Lynch to Issue the Certificate of Compliance for 242- 374, second by D Feltovic Vote 6-0-0 Motion by A Manzi to Authorize the Chairman to write a complaint letter to the licensing agency with respect to the engineer second by J Mottola Vote 6-0-0 242-577 , Lot 44 Candlestick Road Certificate of Compliance Mr Robert Janusz appeared before the commission A plan was presented and reviewed M Howard stated the area is stable He stated the plan is accurate and no net buffer zone is lost M Howard stated he is satisfied with the site North Andover Conservation Commission 4 October 18 1995 Motion by R Mansour to Issue the Certificate of Compliance second by J Lynch Vote 6-0-0 242-461, Lot 19A Candlestick Road, Partial Certificate of Compliance M Howard stated 242-461 is a filing for the roadways, utilities and drainage facilities At the last meeting, October 4 1995 the commission issued a Certificate of Compliance for 242-576 for the individual lot There are two orders against this lot This lot does not effect the subdivision Motion by J Lynch to Issue the Partial Certificate of Compliance for Lot 19A Candlestick Road only second by A Manzi Vote 6-0-0 242-634, 1737 Turnpike Street, Modification to Order of Conditions Aurelle Cormier addressed the commission He presented plans to the commission He is seeking permission to construct retaining walls He stated that the stonewall is along the haybales A Manzi wants field verification up to 25' R Mansour stated retaining walls must be staked and approved by the Conservation Administrator It also must show on the plan R Mansour also stated the applicant must submit poured concrete wall specs and plan Plans must be modified and sequence reports are to be submitted A sewer plan was presented Mr Cormier is seeking a waiver of the 50' buffer zone to 25 ' G Reich stated this would be a ma3or modification which would require re-opening of the public hearing re-advertising of the legal notice and re-notification to abutters Albert P Manzi Jr left the meeting at 8 30 P M Motion by J Lynch that the request for modification is a Ma]or Modification to the Order of Conditions and requires re-advertising and re-notification to the abutters second by D Feltovic Vote 5-0-1 A Manzi not present PUBLIC HEARINGS Requests for Determination Osgood Street, Map 94, Lot 1, No Andover Conservation M Howard addressed the commission This matter was continued from the October 4, 1995 meeting He stated that at his request the commission met on site at Lot 1 Osgood Street to establish the wetland line Wetland Flags 1-1 through 1-21 is an area sub3ect to protection under the act Wetland Flags 2-1 through 2-12 are not sub)ect to the act they are sub3ect to the bylaw only North Andover Conservation Commission 5 October 18, 1995 Motion by J Lynch to Issue a POSITIVE DETERMINATION for wetland flags 1-1 through 1-21 only, and a NEGATIVE DETERMINATION for wetland flags 2-1 through 2-12, second by D Feltovic Vote 5-0-0 770 Boxford Street, Rear, Stephen Breen, Ogunquit Homes The applicant requested continuance to November 1 1995 Motion by J Lynch to Continue this matter to November 1 1995 second by D Feltovic Vote 5-0-0 Lot 3 Gray Street, Estate of Annie Houghton Scott Giles addressed the commission Plans were reviewed and discussed Wetlands were delineated by Steve D'Urso M Howard stated the line shown on Lot 3 is accurate Motion by J Lynch to Issue a NEGATIVE DETERMINATION second by R Mansour Vote 5-0-0 Lot 4 Gray Street, Estate of Annie Houghton Scott Giles addressed the commission Plans were reviewed and discussed Wetlands were delineated by Steve D'Urso M Howard stated the line shown on Lot 4 is accurate Motion by J Lynch to Issue NEGATIVE DETERMINATION second by D Feltovic Vote 5-0-0 Notices of Intent 2.42-776, Rte 125, Andover By-Pass, Sandpiper Realty Trust Steven Stapinski of Merrimack Engineering addressed the commission The request is for the purposes of constructing four single family house driveway utilities and grading within the buffer zone of a resource area The plan presented to the commission is a Modification to Definitive Plan to Meadowood III Subdivision The proposal is to tear down a house and build four new houses No wetland alteration for utilities Site will be sewered Waiver for Lot 3M is sought as the house is within 46 ' of wetlands and a Waiver from Lot 4M is sought as the house is within 40 ' of intermittent swale They meet the 25 ' no-disturbance zone The decks are included in the footprints J Lynch stated the Planning Board rammed Peterson Road down the throats of the Conservation Commission with a "public safety" argument Lots 1M 2M and 4M front Rte 125, Lot 3M has frontage on Peterson Road Recorded covenants will be provided to the commission M Howard is to review Flag A39 through Swale Motion by J Lynch to Continue to November 1 1995 for verification North Andover Conservation Commission 6 October 18 1995 of the wetland line, second by D Feltovic Vote 5-0-0 242-777, Lot 9 Lost Pond Lane The request is for the purpose of constructing a house a portion of a driveway, a foundation drain and do regrading within 100' of a bordering vegetated wetland Neither the applicant nor the engineer were present Motion by R Mansour to Continue to December 6, 1995 second by J Lynch Vote 5-0-0 NEW BUSINESS 242-416. Lot 14 Coventry Lane. Certificate of Compliance M Howard addressed the commission The request for a Certificate of Compliance was denied at the October 4 1995 meeting as the 25 , No-disturbance zone was violated The commission directed Mr Torrisi, the applicant to plant a hedge row or install a fence in the corner of the lot and stop mowing in that area M Howard stated that the site is in compliance and recommends the certificate Motion by J Lynch to Issue a Certificate of Compliance second by J Mottola Vote 5-0-0 Enforcement Order, Rte 114 Turnpike Street. Adiacent to Jefferson Office Park M Howard addressed the commission The request is to have the Enforcement Order issued to Ben3amin Osgood, Sr ratified The Enforcement Order was issued because building debris was illegally placed in a bordering vegetated wetland and the buffer zone to bordering vegetated wetlands Motion by R Mansour to Ratify the Enforcement Order second by D Feltovic Vote 5-0-0 Offsite Wetland Replication - Discussion M Howard addressed the commission regarding North Andover Heights/Estates He would like the commission to consider off-site replication The commission did not agree with the approach DECISIONS 242-773 . Lot 1 Lost Pond Lane Motion by R Mansour to accept the drafted decision of 242-773 second by J Mottola Vote 5-0-0 North Andover Conservation Commission 7 October 18, 1995 242-774, Lot 4 Lost Pond Lane Motion by R Mansour to accept the drafted decision of 242-774 second by J Mottola Vote 5-0-0 242-775, Lot 7 Lost Pond Lane Motion by R Mansour to accept the drafted decision of 242-775 second by J Mottola Vote 5-0-0 Motion by D Feltovic to ad3ourn at 9 30 P M second by J Lynch Vote 5-0-0 //0� L Ggorge L Reich, C airman