HomeMy WebLinkAbout1997-01-08 Conservation Commission Minutes r✓'
NORTH ANDOVER CONSERVATION COMMISSION
SENIOR CENTER
January 8, 1997
Members Present: Joseph W Lynch, Chairman, Albert Manzi, Vice Chairman, George Reich and
Deborah Feltovic Scott Masse arrived at 7 07 p m Robert Mansour arrived at 8 00 p m
Staff Present Michael D Howard, Richelle Martin and Karen A Fitzgibbons
The meeting was called to order at 7 00 p m
Minutes: December 4, 1996 and December 18, 1996 no action taken
General Business:
Filing Fee Expenditure - $170 00 (M Howard)
Mr Howard stated that he would like the Commission to vote to expend $170 00 from the Filing
Fee account so that he and Ms Martin can attend a Winter Botany Workshop On a motion by Mr
Reich, seconded by Ms Feltovic, the Commission voted unanimously to expend $170 00 to fund the
workshop
Discussion - mappinn wetlands in the watershed (M Howard)
Mr Howard requested a letter of support from the Commission justifying the expenditure of fees
from the wetland filing fee account for the purpose of obtaining new "watershed wetland maps" of
the Town The current wetland maps are 25 years old and not very useful The Commission
instructed Mr Howard to create a priority list of needs that support or further the mission of the
NACC and report back to them
Conservation Commission Associate Member Position (J Lynch)
Mr Lynch stated to the Commission that a vacant Associate position exists and members of the
community have expressed interest in filling it The Commission instructed the secretary to place an
ad in the North Andover Citizen for interested residents to apply
Site Walk Attendance (J Lynch)
Mr Lynch spoke to the Commission regarding the need for improved attendance at site walks He
stated the importance of everyone's input when it comes to making difficult decisions Site walks
provide commissioners with an important visual component and allows a more complete
understanding of proposed projects
Gift of Land @ Great Pond Rd & Stevens Street (M Howard)
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At the request of the Town Manager, Mr Howard inspected the subject property and discovered
that the majority of the parcel is dominated by a perennial stream and associated Bordering
Vegetated Wetland and Riverfront Area The property is within the limits of the Lake Cochichewick
Watershed and would also be subjected to the more stringent Planning Board regulations. It was
Mr Howard's professional opinion that development on this lot would be extremely difficult and it is
his belief that an Order of Conditions would not likely be granted for any future construction.
On a motion by Mr Reich, seconded by Mr Manzi, the Commission voted unanimously to accept the
gift of land of Lot 5 Great Pond Road & Stevens Street so long as all legal fees involved in the
transfer to be paid by the donator of the land
242.751 Bond Reduction - Lucent Technologies (LEC, Inc 1
Mr Howard stated that all construction activities were carried out in accordance with the OOC.
LEC and Lucent Technologies did an excellent job and should be recognized for their efforts Mr.
Howard recommends releasing $10,000 from the $15,000 bond the Town is holding
On a motion by Mr Manzi, seconded by Mr Reich, the Commission voted unanimously to release
$10,000 from the $15,000 bond the Town is holding
242.814 COC - Merrimack College Campus (R Kaminski)
Mr Howard stated he inspected the site late this afternoon and it is presently stabilized with mulch.
The Conservation Office is in receipt of an "As-Built" plan and a letter from a P E certifying
compliance with the Order of Conditions Mr Howard recommends issuing the COC and releasing
the $5,000 bond
On a motion by Mr Manzi, seconded by Ms Feltowc, the Commission voted unanimously to issue
the COC and release the $5,000 bond currently held by the Town
242.815- COC - Lot 11#410 Forest Street (J Barbagallo)
Mr Howard stated that he inspected the property on 117197 and the site is stable, the approved
25'177' setbacks were provided for and the septic is greater than 50' away from the BVW. Mr
Howard recommends issuing a Certificate of Compliance and releasing the $3,000 bond
On a motion by Ms Feltovic, seconded by Mr Manzi, the Commission voted unanimously to issue a
Certificate of Compliance and release the $3,000 bond
242-824 Partial Bond Release - #300 Granville Lane (Steven Mason)
Mr Howard stated that a site visit was recently conducted by Richelle Martin and, to date, only the
driveway has been re-paved The setbacks associated with the driveway have been satisfied and
remaining work includes construction of a deck and an addition as well as minor re-grading Mr.
Howard recommends releasing $500 from the $1,000 bond
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On a motion by Mr. Reich, seconded by Ms Feltovic, the Commission voted unanimously to release
$500 from the $1,000 bond the Town is holding
242-634 PCOC Lot #4 Woodland Estates (Haves Engineering, Inc 1
Mr. Howard did a site visit on 117197 and setbacks of 25'151' were provided in accordance with the
Order of Conditions, however, the site is not 100% stable nor is the installed septic system
depicted on the "As-Built" plans. Mr Howard recommends DENYING the partial certificate of
compliance request pending receipt of a revised plan that is truly an As-Built plan and the site is
stabilization Mr Reich stated that he would have a problem voting for a PCOC request in a
subdivision that has an enforcement order and work is not progressing smoothly
On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to DENY
the Partial Certificate of Compliance for Lot #4 Woodland Estates.
242-634 PCOC Lot #9 Woodland Estates (Hayes Engineering, Inc 1
Mr Howard did a site visit on 117197 and setbacks of 22'155' were provided In addition, the site
is not 100% stable and the installed septic system is not depicted on the "As-Built" plans Mr
Howard recommends DENYING the partial certificate of compliance pending receipt of a revised plan
that is truly an As-Built plan, and only upon completion of buffer zone restoration and site
stabilization
On a motion by Mr. Manzi, seconded by Ms Feltovic, the Commission voted unanimously to DENY
the Partial Certificate of Compliance for Lot #9 Woodland Estates
242.634 Extension Renuest to DOC (Brad Latham/A C Cormier)
Mr Howard stated that the present Order of Conditions is due to expire on 1/26/97 and there have
been five extensions granted in the past in addition to numerous violations Mr Lynch polled the
Commission members regarding the extension Mr Reich, Mr Masse, Ms Feltovic and Mr. Manzi all
opposed granting an extension Atty Brad Latham was present on behalf of the applicant and
pleaded the case to the Commission asking that they consider an extension for some duration? Mr
Masse read the ByLaw to the Commission members Mr. Lynch stated a short extension was
granted in the past and at that time the Commission made clear to the applicant what the intent of
that extension was Mr Manzi stated that the bylaw allows for 2 extensions of 1 year durations,
which the Commission has already granted Mr Lynch asked Mr Howard about the present
condition of the property Mr Howard stated from an Administrative standpoint it would be simpler
for him to complete the project under the existing Order of Conditions rather than have N01's come
back down the road He stressed end results, endorsed wetland protection and shunned needless
red tape. In view of this, Mr. Howard recommends granting the extension Mr Manzi asked if the
remaining work could be completed under an Enforcement Order? Mr Howard stated yes, however,
that he is not in favor of this approach. On a motion by Mr Manzi, seconded by Ms Feltovic, the
Commission voted unanimously to DENY the request for an extension permit
242.634 Enforcement Order - Lot #8 Woodland Estates (H Speicher) (discussion)
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Atty Speicher was present and hoping for a chance to speak to the Commission regarding the
Enforcement Order He forwarded a letter to the Conservation Office on Tuesday requesting time
before the Commission Mr Manzi stated he is strongly opposed to hearing any discussion on this
subject and strongly objects to it's presence on the agenda Mr Lynch stated that had the letter
been received prior to Tuesday then perhaps its content would have been germane at the public
hearing It is not appropriate at this time Given the legal issues cited in the letter Scott Masses'
recommended that no additional information should be heard from the applicant's representative until
the Commission reads Mr Latham's letter and reviews its content against the plans and permits for
the project Mr Manzi, Mrs Feltovic, Mr Masse and Mr. Lynch were in agreement that no
information should be received, Mr Reich was unsure
242-702 COC - Lot 1 A Sharpners Pond Road (Ben Osgood, Jr 1
Mr Howard inspected the property on 116197 and verified the 25'150' setbacks The Conservation
Office is in receipt of "As-Built" plans and a letter from a P E certifying compliance The site is
stable Mr Howard recommends that the NACC issue a Certificate of Compliance and release the
$3,000 bond.
On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to issue a
Certificate of Compliance and release the $3,000 bond
242.833 Partial Bond Release - 922 Dale Street (Ben Osgood, Jr 1
Mr Howard inspected the site on 117197 and it appears as though the septic system was
constructed larger than approved and originally designed A "No-Disturbance" setback of 22' (from
flag 05) was observed in the field The site is not stable and the Conservation Office is not in
receipt of "As-Built" plans
Mr Howard recommends denying the bond reduction request pending receipt of an "As-Built" plan
and buffer zone restoration in the spring
Mr Mansour arrived at the meeting at 8 00 p m
On a motion by Mr. Manzi, seconded by Ms Feltovic, the Commission voted 5-0.1 (Mr Mansour
abstained as he lust arrived) to DENY the bond reduction
Public Hearings (8:00 PM)
Request(s) for Determination of Applicability:
RDA Clark Street @ LMA Airport Access Road (Massachusetts Development Finance Agency)
The applicant is seeking confirmation of a wetland resource area on1and is not proposing any work
at this time The area in question is targeted for the proposed industrial park Mr Howard
recommends issuing a POSITIVE DETERMINATION referencing the Bordering Vegetated Wetland
delineation only A Riverfront Area determination can be made by the NACC when a future Notice
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of Intent is filed
On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to issue a
POSITIVE DETERMINATION referencing the Bordering Vegetative Wetland ONLY
Notice of Intent(s):
242.816 Joanne Orive/Donna Drive (Merrimack Engineering, Inc 1
This agenda item was continued from the 1214196 meeting Steve Stapinski of Merrimack
Engineering was present. and stated that a unique opportunity exists to work with the neighbors and
the state to mitigate existing water problems in the area Mr Stapinski stated, and Mr Mesiti
acknowleged, that the developer will complete all stormwater management work, as proposed,
regardless of the Town of North Andover, or FEMA monetary participation DPW has begun the
process with FEMA and the state to try and procure grant allocated funds. Over the next several
weeks the application will be reviewed and the Town will be given time for more input if necessary
There was some discussion about when to continue the public hearing to and the question of abutter
re-notification came up Mr Howard stated that this agenda item has been on-going since the fall
of 1996 Mr Stapinski stated there may be no input from FEMA in the next four (4) weeks but we
should be able to answer questions for abutters about the water on their properties Mr. Masse
stated he may ask for abutter re-notification at some point Mr Mansour stated the applicant
should not expect the public hearing to be closed in 4 weeks Mrs. Goodwin, an abutter, asked how
we could prevent the water from backing up into her house again Mr Manzi stated that DPW is
not proactive, they are reactive Mr Lynch stated that the NACC in no way can, or will, make
assurance Rather, Mr Lynch stated, the burden is upon the applicant and his engineer to use proper
engineering protocol in their analysis.
On a motion by Mr Manzi, seconded by Mr Masse, the Commission voted unanimously to continue
the public hearing until 215197 Mr Stapinski is willing to make himself available for a site walk if
so desired
242.840 Lot 1 a Rocky Brook Road (Neve Associates, Inc)
The applicant requested a continuance from the 12/18196 meeting, and has again requested a
continuance until the 1122197 meeting Mr Howard recommends granting the continuance
On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted to continue the public
hearing until 1122197
242.834 Merrimack College Campus (R Kaminski)
This item was continued from the December 18, 1996 meeting Joe Cushing was present and
stated he has demonstrated the ability to provide 2 1 wetland replication. Mr Howard met with Mr.
Cushing on site and a replication area was agreed upon Mr Cushing stated he will provide a
planting plan prior to construction for the Commission's review Mr Reich asked don't we usually
have a replication plan before we close the public hearing? Mr Howard agreed that this has been
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the past policy of the Commission but he has also worked quite well with Mr Cushing in the past
and does not have a problem recommending closure of the public hearing Mr Manzi questioned
setting a precedent Mr. Lynch stated that the replication area is depicted upon the plan and that
he would stipulate within the OOC that the first pre-construction item require that the replication
plan be submitted and approved
Mr. Richard Garvey, 37 Foxhdl Road, Andover, stated the wetlands are so severe no matter what
kind of vegetation is planted it will still cause flooding
Paul Pmelli, 3 Twmbrook Road, Andover, spoke of minor consistent water problems now, if the
project is permitted all the water will be channeled to this area. Mr Howard stated that Merrimack
College readily admit that there is an existing water problem and that there staff are looking at
ways to mitigate the existing water problem Mr Howard noted that the existing drainage problems
are not in the same area of the campus as the proposed project Mr Cushing reiterated Mr
Howard's remarks and stated that the College is very well aware of the water problem in the area
and toward that end they are looking into a hydrological analysis for the entire watershed area
On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to close
the public hearing and issue a decision within 21 days
242.846 Lot 113 Pheasant Brook Road (Christiansen & Sergi)
This item was continued from the 12118/96 meeting The applicant filed a NOI seeking authorization
to construct a single family dwelling within the BZ of a BVW and within the Outer Riparian Zone of
the Riverfront Area
Dan O'Connell, Christiansen & Sergi, was present and stated that this lot is the first one on the left
as you cross the bridge The 0 to 100' Inner Riparian Zone is treated as a "No-Disturbance Zone",
and Mr O'Connell does not see impacts from the proposed development as this area has previously
been disturbed
Ian Danis, #1641 Salem Street, stated that it looks as though the driveway is within the 100 to
200' zone Mr Lynch invited Mr Danis to have a closer look at the plan so he could see for
himself that it is not inside the 100' zone
On a motion by Mr Manzi, seconded by Ms. Feltowc, the Commission voted unanimously to close
the public hearing and issue a decision within 21 days
242.847 Settlers Ridge Road (Christiansen & Sergi)
This item was continued from the 12/18196 meeting
Mr Lynch stated that at the site walk the stream in question was observed to be flowing
Affidavits submitted by neighbors state the stream does "dry up" at certain times throughout the
year outside of drought conditions Mr Lynch stated he has seen the stream near the former Alco
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budding dry a number of times, and he is also of the opinion the stream in question is intermittent
Ms. Feltovic attended the site walk and also observed the stream to be flowing She stated many
factors need to be considered other than affidavits such as what impact the stream would have
with the Rivers Act Ms Feltovic stated Mr Howard did an excellent job in analyzing the situation
and she agrees with his recommendation that the stream is intermittent Ms Feltovic further stated
with the new Rivers Act the Commission must consider each situation on a case by case basis Mr
Manzi did a site visit on his own and decided the stream is intermittent and not subject to the
Rivers Act It is now 9.15 pm and Mr Manzi had to leave the meeting to be at work Mr Howard
stated the stream crossing and replication area are of concern now Steve Durso feels the
replication plan will work Mr Lynch stated that seeps coming out of the hill allow for wetland
vegetation but not for hydric sods, much like at North Andover Estates It is difficult to replicate
side slopes and Mr Lynch stated he does not think the proposed replication area will work as
designed and he would like to see the applicant to come up with a new location Mr Lynch states
that the proposed roadway sub-drams, located up-gradient of the proposed replication area will
intercept groundwater (as there are intended to do) thus removing the "feeder hydrology" to the
replication area Tom Zahorwko stated he respects the opinion of the Commission members but he
has also hired reputable people who feel the replication will work Mr. Zahorwko is willing to take
the chance, go with the replication plan, and if it doesn't work look for a new area Mr Lynch
stated the type of vegetation is important because it is a ecologically peculiar area Mr Howard
stated the sods are strong on the upland side and thinks the replication will work The Commission
told Mr O'Connell that a cross section plan would be valuable Mr Reich suggested a longer
monitoring period than usual Mr Masse concurs with Mr Lynch and Mr Reich
The topic now switched to stormwater management Mr O'Connell stated that the stormwater
management report was inadvertently left out of the NOI filing Coler and Colantonio is currently
reviewing the analysis Mr O'Connell stated that his firm doesn't usually look at a mean annual one
year storm as required by the ByLaw because it is an added expense for the applicant The pipe
sizes are designed for a 10 year storm and drainage is designed accordingly There is a 2.1 slope
with long term weeping in the detention area Mr Howard stated that Mr O'Connell is heading in
the right direction and he would like his analysis and assumptions in writing Mr O'Connell will
comply with this request Mr Lynch stated that the Commission needs to be able to determine that
the groundwater which drives this existing wetland will remain in place under post-development
conditions
On a motion by Mr Mansour, seconded by Mr Masse, the Commission voted unanimously to
continue the public hearing until 1122197
242.848 Lot 32AI#85 Laconia Circle (Beachwood Builders)
Ms Feltovic is an abutter to this property and as such she stepped down from the Commission
during this discussion Proof of mailings were provided to the Commission
Les Godin, Merrimack Engineering, was present and stated the property is a 2 acre lot with water
and utilities both available The work conforms to the 25'150' setbacks and the septic system is
right at the 100' buffer zone The limit of work is 130' to the wetland. There is also a power line
easement present
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Shawn Shaughnessy, #55 Equestrian Drive, was present and asked if a private company flags the
wetlands and he was told yes He also asked if work will be performed within 100' of wetlands
and he was told yes, but the work, as proposed, would be carried out in accordance with the
Bylaw and Regulations Mr Lynch stated there will be no filling or altering in the wetlands at all
Mr Howard recommended continuing the public hearing until 1122197 to allow more time to review
the second wetland
On a motion by Mr Mansour, seconded by Mr Masse, the Commission voted 4.0.1 (Ms Feltovic
abstained) to continue the public hearing until 1122197
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