HomeMy WebLinkAbout1997-02-19 Conservation Commission Minutes Conservation Commission Minutes
Senior Center
February 19, 1997
Members Present Joseph W Lynch, Jr , Chairman, Albert Manzi, Jr , Vice Chairman, George
Reich, Scott Masse, Deborah Feltovic, Joseph Mottola and Robert Mansour
Staff Present Richelle Martin and Karen A Fitzgibbons
The meeting was called to order at 7 00 pm
General Business:
Conservation Commission Member Interview
Ms Beth Wescott, Abbott Street, was interviewed by the Commission for a possible position on the
Conservation Commission A recommendation will be made to the Board of Selectmen at their March
4, 1997 meeting
Postpone meeting of 3/5/97 to 3/12/97
Mr Howard will be on vacation for the March 5, 1997 meeting, therefore, a motion was made by
Mr Mansour, seconded by Mr Manzi, to postpone the meeting until March 12, 1997 The vote was
unanimous The Commission directed the secretary to place a notice in the North Andover Citizen
regarding this
242-26/26a PCOC Lot 3AA Laconia Circle
On a motion by Mr Masse, seconded by Mr Manzi, the Commission voted unanimously to issue a
Partial Certificate of Compliance for the above named project
242-78 PCOC 80 Laconia Circle
On a motion by Mr Reich, seconded by Mr Manzi, the Commission voted unanimously to issue a
Partial Certificate of Compliance for the above named project
242-257 Modified PCOC Lot 3AA #80 Laconia Circle
On a motion by Mr Reich, seconded by Mr Manzi, the Commission voted unanimously to issue a
Partial Certificate of Compliance on Lot 3AA #80 Laconia Circle, formerly known as 80 Equestrian
Drive
Decisions:
242-840 Lot 1A Rocky Brook Road (Neve Associates, Inc )
Mr Howard had a draft Order of Conditions prepared for the Commission to review On a motion by
Mr Manzi, seconded by Mr Mottola, the Commission voted 5-2-0 (Mr Masse &Mr Reich opposed)
to approve the draft Order of Conditions for Lot IA Rocky Brook Road
242-850 Lot 12 Beaver Brook Road (Evergreen Estates) Babu Patel
Mr Howard had a draft Order of Conditions prepared for the Commission to review On a motion by
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Mr Reich, seconded by Mr Masse, the Commission voted unanimously to approve the draft Order of
Conditions for Lot 12 Beaver Brook Road
Public Hearings (8:00 PM)
Request for Determination
Great Pond Road, Map 35 Lot 5 (Yameen) cont from 2/19/97
Robert Prokop was present with a revised plan of the wetland line The question was raised whether
Mr Howard had time to inspect the new wetland line, as he has been out sick Mr Lynch stated he
thought Mr Howard did perform an inspection Mr Lynch also stated that the stream is intermittent
On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to grant a
POSITIVE DETERMINATION as to the BVW ONLY for Lot 5, Great Pond Road referencing plan
dated 2/19/97
Lot 5 Sherwood Drive (Timberland Builders, Inc ) cont from 2/19/97
This was continued from the last meeting due to confusion over the abutters list Tom Neve was
present and stated that 22 people were notified of the public hearing and their names were pointed out
on the abutters list
On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to grant a
NEGATIVE determination as referenced on plan dated 3/8/96 and revised on 8/6/96 and erosion
control to be placed at the 140 contour
Dale Street May 37B Parcel 1 (Smith Property)
Adele Fiorella, Wetlands Preservation, was present and presented the Commission with proof of
mailings Mr Lynch stated to the applicant that the filing was grossly incomplete' It was discussed by
the Commissioners how to prevent incomplete filings from being brought forward It is a waste of the
abutter's time and the Commission's time' The applicant asked for a continuance and Mr Reich made
a motion, seconded by Mr Masse, to deny the request to continue The vote was not taken
On a motion by Mr Reich, seconded by Mr Masse, the Commission voted 4 to 3 to issue a
POSITIVE DETERMINATION for Dale Street Map 37B Parcel 1 (Smith Property) citing an
incomplete filing The vote was as follows
Mr Reich yes
Mr Masse yes
Mr Lynch yes
Ms Feltovic yes
Mr Manzi no
Mr Mansour no
Mr Mottola no
Notice of Intent(s)
242-816 Joanne Drive/Donna Drive (Merrimack Engineering, Inc ) cont from 2/19/97
Steve Stapinski was present and stated he met with Mr Howard and John Chessia to help quantify Mr
Chessia's concerns Mr Stapinski further stated that once the technical issues are addressed
Merrimack Engineering will re-notify the abutters Applicant requested, in writing, a continuance of
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the public hearing On a motion by Mr Manzi, seconded by Mr Mottola, the Commission voted
unanimously to grant a continuance until March 19, 1997 Mr Stapinski volunteered to publish a
notice in the paper regarding the continuance of the public hearing
242-845 Brookview Estates (Marchionda & Associates) cont from 2/19/97
Dave Kindred and Mike Rosati were present and stated at present the water main is proposed to come
from Duncan Drive Ms Colwell, the Town Planner, Bill Hmurciak, acting Director of DPW, Sandra
Starr, Health Agent and the Fire Chief are all in agreement it is essential for water to be provided to
the subdivision Joseph V Mahoney, Chairman of the Planning Board, wrote a letter to the
Conservation Commission regarding this One alternative would be to bring water down Boxford
Street and another would be to provide well water Mr Rosati stated that it would be cost prohibitive
and involve work in the wetlands in order to bring the water from Boxford Street It was suggested
that wells could be dug Mr Rosati asked the Commission about a path for access to the open space,
and Mr Lynch replied the Commission is in favor of that Mr Manzi stated he is concerned about the
abutters and he is not in favor of a pathway at all Mr Lynch stated that John Chessia's letter of
February 14, 1997 to Mr Howard spoke of the stormwater management policy Mr Rosati provided
calculations to the Commission regarding Mr Chessia's letter showing no effect on the design
On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to continue
the discussion of the water main until the March 12, 1997 meeting
242-851 Lot 19 Beaver Brook Rd Evergreen Estates (Messina Dev) cont from 2/19/97
Phil Christiansen was present and Richelle Martin distributed the revised plans to the Commission
There will be regrading in the river front area
On a motion by Mr Manzi, seconded by Mr Reich, the Commission voted unanimously to close the
public hearing and issue a decision in 21 days
242-849 Lot 24A Bridges Lane (Colonial Village Dev ) cont from 2/19/97
Adele Fiorella, Wetlands Preservation, was present along with Bill Barrett A site walk was conducted
on 2/15/97 to decide if the filling is warranted The consensus at the site walk was yes, it is
warranted The revised plans show the location of the abutter's septic system Ms Fiorella stated that
they have reduced the impact on the wetlands from 900sf to 300sf by moving the wall back Mr
Howard wanted a soil profile to insure the success of replacement area Ms Fiorella stated the water
table does drop out, the upland area indicates hydrology sufficient Mr Manzi asked what date the soil
profile was conducted and was told 2/15/97 Mr Reich questioned filling the fingerlike projection, and
Ms Fiorella replied that it is necessary in order to reduce the grading on the lot Mr Barrett stated he
spoke to some of the neighbors and they are in favor of the development of the lot As it stands now,
the lot is being used as a dumping area Mr Barrett stated he has done everything possible to protect
the wetlands, has been meeting with Mr Howard and has done all that was asked of him Mr Lynch
stated the Commission has enough information now to make a decision
On a motion by Mr Reich, seconded by Ms Feltovic, the Commission voted unanimously to close the
public hearing and issue a decision in 21 days
1- Lot A-1 Concord Street (Comet Realty Trust) cont from 2/19/97
There appeared to be some confusion over this filing The applicant was not present, and it was
pointed out that this address received an Order of Conditions some time ago under DEP#242-768
On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted 6-0-1 (Mr Reich
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abstained) to continue the public hearing until 3/12/97
242-854 322 to 555 Boston Street (Christiansen& Sergi) Colonial Vlg Dev
Phil Christiansen was present and proof of mailing was given to the Commission A 2500' water line
is proposed to be installed along Boston Street to Windkist Estates Every 500' fire hydrants will be
present The water line will be placed under the three culverts Mr Lynch asked what time of the
year will work commence and was told early spring Paul Maus, Old Cart Way, stated that the first
culvert has failed, and showed the Commission a letter, dated 5 years ago, asking George Perna to
correct the failure Mr Maus is concerned about the culvert and is hoping it can be rectified when the
water line is installed, it is a severe problem Mr Manzi stated that can be addressed in an Order of
Conditions Mr Barrett offered to look at the situation and see what can be done It was suggested
that maybe an Enforcement Order to the Town is the way to proceed Jim Murphy, 506 Boston Street,
stated that the catch basin on the south side is also failing, and would like that repaired or at least
looked at Mr Lynch stated that we can't turn this into an opportunity to fix everything Mr Manzi
offered to call DPW to see what could be done
On a motion by Mr Reich, seconded by Mr Manzi, the Commission voted unanimously to close the
public hearing and issue a decision in 21 days
242-852 Lot A Rea Street (Merrimack Eng) Richard Romano and
242-853 Lot C Rea Street (Merrimack Eng) Richard Romano
These two applications were discussed together Steve Stapinski was present and proof of mailing was
given to the Commission Mr Stapinski distributed revised plans to the Commission There will be a
house on each lot, serviced by Town water and separate septic systems The homes will be built in
compliance with the 50' 25' regulations The wetland line has been previously accepted by the
Commission There is no activity proposed within the wetland boundary area In regards to the Rivers
Act, Mr Stapinski stated it does not apply, the stream is intermittent, it dries up in the summer There
is an affidavit from Bill Hmurciak (speaking as an abutter, no t a public official) stating that the stream
does dry up in the summer, therefore, there is no jurisdiction with the Rivers Act Mr Stapinski stated
the lots are shown on a subdivision plan dated 8/l/96, so he thinks they are grandfathered as far as the
Rivers Act goes Mr Lynch stated the Commission will await Mr Howard's return because he has
specific guidelines to follow regarding the Rivers Act Mr Stapinski stated on lot A the garage was
relocated so there will be no inner reparian zone destruction There is no other alternative to the
relocation of the septic system On lot C there will be no inner reparian zone destruction, but some to
the outer reparian zone A letter was received at the Conservation Office from Steve Staphoulos of
North Cross Road expressing concern about the high water table, and the applicant's address Mr
Lynch read the letter into the record Mr Manzi stated that Mosquito Brook is not an intermittent
stream, it has met the performance standard There was some discussion whether to close the public
hearing or not, but it was decided to wait for Mr Howard's return and input The applicant asked that
the public hearing be continued until 3/12/97, and, if possible, could Mr Howard have the decisions
ready for that meeting
On a motion by Mr Reich, seconded by Mr Manzi, the Commission voted unanimously to continue
the public hearings on Lot A & Lot C Rea Street until March 12, 1997 No promises were made to
the applicant regarding having the decisions ready for that meeting
242-855 Lot #8/140 Laconia Circle (Merrimack Eng) Beachwood Builders
Steve Stapinski was present from Merrimack Engineering and proof of mailing was provided to the
Commission The applicant is proposing to construct a home outside of the 50' no build zone, the
septic system is more than 100' away from the BVW Mr Stapinski stated that dumping has occurred
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on the lot and will need to be cleaned out A three story tree house will be removed by hand, and
work will be done by hand on the lot, no machinery used at all Mr Reich asked if erosion controls
would be used, and Mr Stapinski replied it will not be necessary as the work will be done by hand
Robert Hubert, 110 Laconia Circle, stated the water table is fairly high and wonders if it will get
higher due to the building of this home Mr Lynch replied that one home on a lot would not require
any calculations being done
On a motion by Mr Manzi, seconded by Mr Mottola, the Commission voted unanimously to close the
public hearing and issue a decision in 21 days
It is now 10 50 pm and Joseph Mottola has left the meeting
242-856 200 Chickering Road (MHF Design Consultants) Scott Companies
Mark Gross, MHF Design Consultants, was present and proof of mailing was submitted to the
Commission Mr Gross stated they are proposing a 16,900 sf retail center A POSITIVE
determination of the wetland line was issued on 12/18/96 by the Commission The 25' no disturbance,
50' no build zone has been shown on the plan, as well as the 100' buffer zone A small portion of the
parking lot encroaches into the 100' buffer zone and some pavement There will be underground
storage for a 100 year storm There will be an increase in peak runoff after construction Mr Manzi
asked if there was a possibility of an outside drainage review and Mr Gross replied one is being done
by Coler & Colantonio as per the Planning Board Mr Reich stated that other than drainage he doesn't
see any wetland issues at all The drainage review may be given to the Planning Board for their
meeting of March 4, 1997 Mr Lynch asked if the house is being demolished and was told "no "
Tom Neve was present and stated he has been hired by the Condo Association to review the technical
aspects of the project and to be sure the proper procedures are adhered to Mr Neve stated he has
some questions and will put them in writing He feels the project should be reviewed by Coler&
Colantonio from a Conservation Commission point of view It was suggested that there may be a need
to set up an escrow account to pay for the drainage review
Vera Curcio, Farrwood Drive, was present and stated a serious water problem exists in the area and
she is disappointed that Mr Howard and Mr Mottola are not present Ms Curcio further stated it
seems "they" want to correct an area and harm her area She stated there are 438 owners at Heritage
and they weren't notified Mr Lynch stated that is out of order, it has already been determined they
were notified'
On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted 6-0-1 (Joseph Mottola
abstained) to continue the public hearing until 3/19/97
Adjournment
On a motion by Ms Feltovic, seconded by Mr Manzi, the Commission voted unanimously to adjourn
the meeting
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Joseph W Lyric Jr Chairman
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