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HomeMy WebLinkAbout1995-11-01 Conservation Commission Minutes . North Andover Conservation Commission November 1 1995 Senior Citizens' Center 7 00 P M PRESENT George L Reich Joseph W Lynch Albert Manzi Jr Robert Mansour Deborah Feltovic STAFF Michael D Howard Donna Mae D'Agata Chairman Reich called the meeting to order at 7 00 P M MINUTES Minutes of September 20, 1995 No action Minutes of October 18 1995 Motion by A Manzi to accept the minutes of October 18 1995 second by R Mansour Vote 4-0-0 D Feltovic not present D Feltovic arrived at 7 05 P M OLD BUSINESS Philip Christiansen, Discussion G Reich informed the commission that Mr Christiansen requested the discussion be continued to the next meeting due to personal matters G Reich stated that the commission voted at the last meeting to issue a written complaint to the licensing board against the engineer G Reich stated that the letter is to be held off until the engineer can be present for discussion with the commission G Reich stated that he wanted to send a letter to all engineers that when their stamp is placed on a plan, the plan is to be an accurate as-built J Lynch disagrees R Mansour stated the issues should be taken case by case R Mansour suggests an Executive Session be held with respect to the discussion with the engineer A Manzi stated the matter affects the credibility of the person and should be discussed in Executive Session with the client present G Reich stated that all proposed and as-built plans must show underground utilities and it should be spelled out in the Order The commission discussed the Executive Session and decided that it could be held at 6 30 P M A Manzi stated he will not be available for the meeting on November 15 1995 as he will be out of state He stated he would be available for the December 6 1995 . meeting and would like to attend the Executive Session The commission agreed to have the Executive Session on December 6 1995 at 6 30 P M . North Andover Conservation Commission 2 November 1, 1995 NEW BUSINESS 242-719, Lot 3 Candlestick Road, Certificate of Compliance M Howard addressed the commission The applicant, Joseph Barbagallo Jr was present Revised as-built plans dated October 31 1995 were reviewed by the commission The utility trench clearing and landscape wall are shown on the plan There is a manicured lawn in the area of the underground utilities A Manzi suggests allowing ground cover to grow naturally without mowing M Howard stated the site is stable M Howard stated he pulled a tape in the field and there is 17 ' from the haybale to flag A2 Motion by A Manzi to Issue the Certificate of Compliance second by R Mansour J Lynch stated the plan is not right although the site is The secondary line of haybales is not shown on the plan M Howard stated only the second haybale is not shown on the plan Motion by A Manzi to Amend the Motion to Issue the Certificate of Compliance upon receipt of an additional as-built plan noting the administrator's field notes showing 17 ' to limit of disturbance second by J Lynch Plan is to be Revised Plan No 4 Vote 5-0- 0 R Mansour asked if the plan is not submitted to the conservation office how would that effect the applicant A Manzi stated the house has been sold M Howard stated the site not in violation Robert Bailey, Discussion Mr Robert Bailey addressed the commission with respect to property he believes to be wetlands This site is behind the Den Rock Subdivision Mr Bailey stated 8 lots have been sold from the subdivision Nineteen acres are remaining and those acres are wetlands The site is behind Halifax He is seeking a letter from the commission stating the site is unbuildable in order to obtain an abatement from the Town Assessor The land is not landlocked, access can be gained by a street G Reich stated Mr Bailey could file for a Request for Determination If the request is positive he could file for an abatement in January Mr Bailey stated the Den Rock Subdivision plan came before the commission Mr Patrick Seekamp of Wetlands Preservation stated that the delineation for this subdivision was done up to Halifax Street the site in question was not delineated It is in the Shawsheen floodplain R Mansour stated that if the site is wetlands Mr Bailey could deed it to the town A Manzi stated the North Andover Conservation Commission 3 November 1 1995 site would have to be delineated A Manzi stated Mr Bailey should file for a Request for Determination if the determination is positive, Mr Bailey could file for Recreational Use and obtain an abatement from the Assessor's Office G Reich stated that Mr Bailey's other option is to donate the site to the town 242-585 North Andover Estates Extension to Order of Conditions 242-642 , North Andover Heights, Extension to Order of Conditions Mr Patrick Seekamp of Wetlands Preservation Inc addressed the commission With him is Mr Dan Bernatas of Toll Brothers The Order of Conditions (242-585) expires 12/2/95 They are requesting an Extension to the Order for one year Mr Seekamp stated the site needs to be stabilized Re-construction is to begin in the spring The Order of Conditions (242-642) was issued January 29 1993 and expires January 29, 1996 Request is made for a one year extension There are several lots in the buffer zone in the vernal pool area There are on-going activities and a lot of erosion The top of the hill is fixed and is re-vegetated There is no • runoff the soil guard worked The back slope area is not an issue Mr Seekamp stated he has been monitoring the site during rain storms The site is stable Lot 24 has been hydroseeded there is no problem with the lot Lot 12 is under construction The detention pond is used as sedimentation basin Erosion control has been upgraded Mr Seekamp expects to do the detention pond reconstruction in the spring and replicate the area adjacent to the detention pond He will regrade and remove vegetation The commission discussed the Wetland Replication Reconstruction Plan Report prepared for Toll Brothers by Wetlands Preservation, Inc dated October 6 1995 Mr Seekamp requested a one year extension for both Orders M Howard stated that a six-month extension would bring the Orders to June Mr Seekamp stated that another Extension was requested for Lots 5 and 9 for replication The commission approved a limited project crossing The fill was 14, 000 s f The replication was 16, 650 s f the actual replication was 15, 153 s f they are shy by 1 497 s f Mr Seekamp stated he sees no value in impacting plants to gain replication areas that are a challenge Mr Seekamp stated the there are areas on-site where wetland replication can be done and he feels it is not appropriate He asked if the commission would consider another area for replication He is shy 1,400 s f on site J Lynch stated he is concerned with the detention pond rebuilding • North Andover Conservation Commission 4 November 1, 1995 time-frame and the storage capacity as the filter is clogging with siltation Mr Seekamp stated the water came to within 2 ' of flowing into the pioe during the last storm Sandbags are in place along the bern the emergency outlet is functional A Manzi stated that the commission asked Toll Brothers to raise the pipe and hire an engineexing firm, and that was done M Howard stated the pipe is a temporary solution Discussion continued regarding the pipe, berm, sandbags and under-sized detention pond Wetlands Preservation, Inc is still monitoring the site The replication on-site is not acceptable to Mr Seekamp He feels that in order to get compliance they have to deal with replication on site G Reich questioned whether the original replication plan was not followed or if the replication shortage is a result of the replication failinc Mr Seekamp stated that the 1 400 s f were constructed but failed M Howard stated the hydrology is not there Mr Seekamp stated there is 15, 153 s f of replication He is proposing option to provide for what was lost The replication is better than 1 1 G Reich stated the on-site replication required is 16 650 s f they have 15 153 s f there is a deficit of 1 497 s f G Reich polled the commission for their input A Manzi prefers on-site replication however, he would have to be 'sold' to have replication off-site M Howard requested the commission allow him to make the determination in tte field J Lynch prefers on-site replication D Feltovic asked if off-site replication had ever been done before, M Howard stated not to his knowledge D Feltovic prefers on-site replication, if possible R Mansour agrees with A Manzi G Reich stated a Ma]or Modification would be required for off-site replication A Manzi stated he would meet with Mr Seekamp and M Howard on- site as needed Motion by R Mansour to Issue the Extension to the Order of Conditions for 242-585 to June 30 1996 second by D Feltovic Vote 5-0-0 Motion by R Mansour to Issue the Extension to the Order of Conditions for 242-642 to June 30 1996 second by D Feltovic Vote 5-0-0 . North Andover Conservation Commission 5 November 1, 1995 242-626, Lots 1 & 2 Great Pond Road, Extension to Order of Conditions Mr Thomas E Neve addressed the commission requesting an Extension to the Order which expires December 10, 1995 The commission reviewed plans which showed markings by M Howard M Howard stated that there is dumping occurring on the property Mr Neve stated that Ms Gonsalves laves in Florida and Mr Matthews lives in Peabody, Mass He will notify the property owners of the dumping and advise them to remove the debris The plan is to be modified showing flagging Motion by R Mansour to Issue the Extension to the Order of Conditions for one year from today's date pending receipt of the modified plan showing the flagging second by A Manzi Vote 5-0- 0 242-477 , Lot 2, 730 Boxford Street, Certificate of Compliance M Howard addressed the commission and stated that the Order was issued for the construction of a garage addition to an existing house in the buffer zone The request is by Mr Robert C Daley • P E of Merrimack Engineers Mr Stephen Stapinski of Merrimack Engineers was present The commission reviewed the plan M Howard stated the site appears to be in order M Howard stated no as-built plan is required for the certificate only a letter from a registered professional civil engineer M Howard recommends compliance Motion by R Mansour to Issue the Certificate of Compliance second by A Manzi Vote 5-0-0 242-747 , Lot 11, 863 Dale Street, Certificate of Compliance Mr Glenn T Saba addressed the commission He presented photos of the site M Howard stated the 25 ' no-disturbance zone and the 50 ' no-build zone were established under this permit The house is set back 60 ' from the edge of the wetland An old cart path ran along the edge of the property it is minimally graded and seeded in the 25 ' no-cut zone Mr Saba stated the cart path was a walkway no fill was added, just seeding M Howard stated he does not recall delineating the line M Howard stated the site looks good and recommends compliance Motion by A Manzi to Issue the Certificate of Compliance second by R Mansour Vote 5-0-0 e North Andover Conservation Commission 6 November 1 1995 PUBLIC HEARINGS Requests for Determination 770 Boxford Street, Rear, Stephen Breen, ggunquit Homes Mr Thomas Neve was present and addressed the commission Plans were reviewed and aiscussed M Howard stated the plan submitted is accurate Mr Neve stated that eventually the property will be subdivided G Reich stated that this should be a positive determination M Howard approved the line as shown on the plan entitled "Plan of Land in N Andover MA prepared for Ogunquit Homes Inc " dated REV ll/l/95 Motion by J Lynch to Issue a Positive Determination for Wetland Flags R23 to 162 Orly, on the east side of Mosquito Brook, second by D Feltovic Vcte 5-0-0 Notices of Intent 242-776, Rte 125, Andover By-Pass, Sandpiper Realty Trust Mr Stephen Stapinski of Merrimack Engineering Services addressed the commission Tlis Notice was continued from the October 18 1995 so the administrator could review the wetland line Plans were reviewed by the commission M Howard stated he approved the wetland line A39 to end of ditch is accurate The project is a modification to Meadowood III Subdivision The current owner is Thomas Laudani and future owner will be Stan Davis The commission wants all lots to meet the 251no-disturbance zone and the 50 ' no- build zone Motion by R Mansour to close the Public Hearing and Issue an Order of Conditions within 21 days second by D Feltovic Vote 5-0-0 242-778 Lot 5 Lost Pond Lane 242-779 Lot 6 Lost Pond Lane Mr Steven Saraceno of Neve Associates addressed the commission The plan shows a common driveway with Lot 6 Steven D'Urso delineated the site The commission reviewed the plans for Lots 5 and 6 There are underground utilities on-site as noted on the plan Mr Saraceno stated that the common driveway shown on the Planning Board Subdivision Plan is incorrect Since it was discovered Mr Nee has prepared a Modification Plan showing the driveway location R Mansour recommends continuing for two weeks so that the plan can be modified or more information can be provided regarding the common driveway Mr David Kindred stated • he would like a continuance to the next meeting M Howard stated the subdivision file for this site is 242-718 North Andover Conservation Commission 7 November 1 1995 Motion by R Mansour to Continue 242-778 to November 15 1995 for modified plan, or more information on the plan regarding the common driveway, second by D Feltovic Vote 5-0-0 Motion by R Mansour to Continue 242-779 to November 15 1995 for modified plan, or more information on the plan regarding the common driveway second by D Feltovic Vote 5-0-0 A Manzi left the meeting at 9 00 P M NEW BUSINESS 242-265, Lot 18, 76 Wintergreen Drive, Certificate of Compliance M Howard addressed the commission The applicants for the certificate are Susan and Lawrence Hicks of 76 Wintergreen Drive Lot 18 of Winter Green Estates Lot 18 is not part of the original filing The commission reviewed and discussed the plan Motion by R Mansour to Issue a Partial Certificate of Compliance for Lot 18 (#76) Wintergreen Drive only second by D Feltovic Vote 4-0-0 Mr Manzi not present 242-0951242-140, Lot 52A. 152 Vest Way, Certificate of Compliance M Howard addressed the commission There are two Orders of Condition for this property Lot 52A is not included in either of these Orders The commission reviewed and discussed the plan Motion by J Lynch to Issue a Partial Certificate of Compliance for 242-095 for Lot 52A, (152) Vest Way only second by D Feltovic Vote 4-0-0 Motion by J Lynch to Issue a Partial Certificate of Compliance for 242-140 for Lot 52A, 152 Vest Way only second by D Feltovic Vote 4-0-0 DECISIONS 242-776, Rte 125, Andover By-Pass, Meadowood III D Feltovic to draft decision ADJOURN Motion by D Feltovic to adjourn the meeting at 9 15 P M second by J Lynch Vote 4-0-0 George L Reich Chairman