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HomeMy WebLinkAbout1997-05-21 Conservation Commission Minutes e Conservation Commission Minutes Senior Center May 21,1997 Members Present Joseph W Lynch, Chairman, Albert Manzi, Vice Chairman,Joseph Mottola,John Mabon and Scott Masse Robert Mansour,Deborah Feltovic and Beth Wescott were absent The meeting was called to order at 7 00 p in Minutes: No action was taken on the minutes of April 2, 1997 General Business: 242-664: Request for Extension of OOC-Sargent School(NA School Dept.) Joseph Cushing was present on behalf of Kaminski Associates and the North Andover School Department Mr Cushing stated an extension permit is needed for the existing Order of Conditions as it will expire in August of this year Two growing seasons need to pass with regards to the wetland replication area Mr Howard recommends granting an extension for one year On a motion by Mr Manzi, seconded by Mr Mottola,the Commission voted unanimously to grant an extension for one year (until 8/16/98)to the Order of Conditions for 242-664 242-748: Modification to OOC-#27 Peterson Road(Shannon Cronin) Ms Cronin was present and stated that she would like to add a 14' x 10' deck to her existing house The deck is adjacent to the wetlands She pointed out to the Commission on a plan just where the location of the deck is Ms Cronin was told by the Commission to have the area staked out and call the Conservation Office for an inspection prior to construction Mr Howard recommends accepting the construction of the deck as a minor modification On a motion by Mr Manzi,seconded by Mr Mottola,the Commission voted unanimously to accept the extension of the deck for file number 242-748 as a minor modification 242-585/600/642/675:Discussion-North Andover Estates/Heights Subdivision(B Pitts WPI) Bruce Pitts and Curt Young were present Mr Howard stated that after receiving no response from several letters and a couple of phone calls to Mr Pitts regarding on-site violations,he requested that Mr Pitts appear before the Commission tonight Mr Howard further stated that these violations occurred on lots#8 and#9 a couple of months ago The recording information,with a couple of exceptions, has not been received at the Conservation Office The four Orders of Conditions have all expired Mr Pitts stated he wasn't exactly clear about the situation,but Toll Brothers has lured a consultant to prove the adequacy of the pond at the site Mr Howard stated he needs a restoration report Mr Pitts stated Toll Brothers is trying to make the homeowners restore the damage they did to the property Mr Howard stated that one of the property owners,Mr Augustyn,didn't know he was creating a violation This goes back to the same old problem of the homeowner not receiving a copy of the Order of Conditions when they buy the property Mr Manzi stated that North Andover Estates/Heights has been a problem since the beginning and the Commission will take the project over if the problems continue Mr Howard stated again that he needs a restoration report on lots 8 and 9 Mr Manzi stated the homeowners should have a copy of the Order of Conditions for their property Mr Young stated the culvert has been backfilled with rock causing it to become level with the street Vegetation has been altered Mr Howard recommends issuing an Enforcement Order for the restoration report on lot 9 and the recording information on file numbers 242-585, 242-600,242-642 and 242-675 no later that noon on 6/3/97 Mr Manzi made a motion to issue an Enforcement Order for the restoration report on lot 9,the recording information on file 1 f ........... . numbers 242-585, 242-600, 242-642 and 242-675 to be received no later than noon on 6/3/97,and if the information is not received on time,a fine to the extent permitted by the bylaw,will accrue beginning May 21, 1997 The motion was seconded by Mr Masse and unanimously approved by the Commission 242-813: COC-#36 Watkins Way(Attu.Scarano). Atty Robert Scarano was present requesting a Certificate of Compliance for the property,as the closing is scheduled for Friday Atty Scarano presented pictures of the property showing how the hydro-seeding is taking hold and stated to the Commission that the property is mostly in Middleton just the well and grading is in North Andover Ms Martin did an inspection and agreed the grass is coming up,but she stated the site is unstable It was raining during Ms Martin's inspection,but there was no movement of the soil Mr Manzi asked how much area is involved,and Mr Howard did some quick calculations and stated less than 1,000 sq ft Mr Manzi stated that the site is a little different than others it is virtually flat and movement would be toward the street not the resource area Mr Mottola stated he would be in favor of issuing a COC,Mr Masse would not Mr Mottola made a motion to issue a COC and Mr Manzi seconded it for discussion purposes only It was briefly discussed again and the vote taken on the motion was as follows "in favor of issuing a Certificate of Compliance for 242-813"was Mr Mottola, opposed were Mr Mabon,Mr Manzi,Mr Lynch and Mr Masse As the vote was 1 to 4 the motion failed and no Certificate of Compliance was issued for 242-813 Atty Scarano asked the Commission if they could issue a Certificate of Compliance and hold it until Friday or Monday then release it? Mr Manzi stated there is no provision to issue a Certificate of Compliance and put it into escrow Atty Scarano thanked the Commission for their time and left the meeting 242-292: COC -#23 Carriage Chase Rd/Lot 16(S.Follansbee). Scott Follansbee was present looking for a Certificate of Compliance on this property Mr Follansbee stated the lot had a pond on it at one time,but it has been replaced by a very large"beaver lake" The water is now 20' to 25'up on what use to be the lawn Mr Howard stated that Mr Follansbee came before the Commission in February 1995 requesting a Certificate of Compliance and was denied Mr Howard further stated that Mr Follansbee excavated a pond in a wet meadow On October 3, 1990 an Enforcement Order was issued and Mr Manzi read it to Mr Follansbee who stated that after the Enforcement Order was issued he hired Christiansen&Sergi to submit a plan but he was financially unable to follow through Some time has passed and now we have a"beaver lake"at the location Mr Manzi asked Mr Howard if the applicant submitted an"as-built"plan would he evaluate it and Mr Howard replied he doesn't feel that would be his responsibility Mr Howard stated that he would feel more comfortable if a wetland scientist evaluated the plan Mr Howard wants the applicant to have the wetland area evaluated in a manner similar to a wildlife habitat study(per the regulations)and have that person contact Mr Howard at the Conservation Office On a motion by Mr Manzi,seconded by Mr Masse,the Commission voted unanimously to deny the request for a Certificate of Compliance,due to lack of information,for file number 242-292 242-158:PCOC Lot 65#294 Bear Hill Road(Attu Joseph Mahoney) Mr Howard recommends issuing a Partial Certificate of Compliance for Lot 65/#294 Bear Hill Road On a motion by Mr Manzi,seconded by Mr Masse,the Commission voted unanimously to issue a Partial Certificate of Compliance for Lot 65/#294 Bear Hill Road 242-698: Extension Permit to OOC -Lot 1 Turnpike St(Attu Renton) Atty Renton was present and requested a one year extension to the Order of Conditions in order to complete the work and mitigate on-site violations On a motion by Mr Manzi, seconded by Mr Mottola, the Commission voted unanimously to issue a one year extension until 6/23/98 for file number 242-698 2 Public Hearings(8:00 PM) 242-698: Enforcement Order-Lot 1 Turnpike St(La-Rae Strawbridge) Atty Renton and Curt Young were present and Atty Renton distributed a report for the Comrrussion members to review A site walk was held on May 15d'and in attendance were Richelle Martin, Joe Lynch, Al Manzi,Joe Mottola and Beth Wescott along with Atty Renton,Tim Stone and the Strawbridges' At the site walk it was discussed how to handle the remaining hazardous materials and violations It was also discussed what type of physical barrier would be used on Lot 1 when the original order did not call for a barrier Tim Stone stated that four test pits were done,sandy fill found, samples collected and nothing unusual was noticed The rear of lot 1 was also inspected and nothing remarkable was noticed Everyone was in agreement so the holes were closed up and all present went home Mr Young suggested putting together a restoration plan with a permanent barrier Mr Manzi stated the barrier must be permanent Mr Young replied"yes" Mr Howard stated that a deck was installed and even though it is not on the plan,under the circumstances,it should not be an issue The Commission agreed with this It was decided to issue an Enforcement Order to restore the property Mr Manzi stated the applicant should come forward with a Minor Modification for Lot 1 242-705/706: Enforcement Order-Lot 2/3 Turnpike Street(K.Weinstein). Atty Renton stated great progress has been made on the properties Sixteen truck loads have been taken out and Lot 3 is completely clear of hazardous material Mr Manzi agrees that the site has been"licked clean"and he is completely satisfied with the removal of the soils Mr Manzi stated he would consider the site remediated Regarding lot 3,piles 6A,B&C should be screened,but how do we do it? Mr Howard suggested amending the Order of Conditions for lot 3 to screen the stockpiles prior to spreading them Atty Renton requested that the Commission amend the Order of Conditions for lot 3 piles 6A,B& C More discussion took place Mr Masse stated the easiest way would be an enforcement order to run concurrent with the Order of Conditions On a motion by Mr Manzi, seconded by Mr Mottola,the Commission voted unammously to add an amendment to condition#26 of the Order of Conditions for 242-705 Lot 3 On a motion by Mr Manzi, seconded by Mr Masse,the Commission voted unanimously to remove the Cease and Desist Order on Lot 3 On a motion by Mr Masse, seconded by Mr Manzi, the Commission voted unanimously to close the public hearing on 242-705 Lot 3 Regarding 242-706(Lot 2) Mr Manzi stated there is no problem with the site, however,the post excavation samples have not been done yet We are waiting for test results and a final bill and perhaps at the next meeting the Cease and Desist can be lifted and the public hearing closed Atty Renton asked the Commission if need be,can another bucket full of material be pulled with Mr Howard's permission and they replied in the affirmative On a motion by Mr Manzi,seconded by Mr Mottola,the Commission voted unanimously to continue the public hearing until June 4, 1997 Regarding lot 3,Mr Masse stated the threat of the revocation of the bond should be lifted Mr Lynch expressed to the applicant the Commission's appreciation for a job well done 3 Request for Determination for Determination'of Applicability: RDA: Bridle Path Lot#20A,Assessors Man#104C Parcel 82(WPI)cont fr 5/7/97 Adele Fiorello, Wetlands Preservation,Inc was present The applicant is looking for a positive determination specific to the BVW and the intermittent stream(i a Riverfront Act) Mr Howard stated that appreciable changes were made on the plan and no nverfront Junsdiction is involved Mr Howard recommended a positive determination approving the BVW as depicted on the revised plans and that the stream is intermittent On a motion by Mr Masse,seconded by Mr Mottola,the Commission voted 4-0-1 (Mr Manzi abstained)to issue a positive determination as to wetland flags A6 to A24 and as to the intermittent nature of the stream Notice of Intent(s) 242-858: Edgewood Lifecare Osgood St(Judith Nitsch Eng)cont from 5/7/97 Mr Howard stated that the applicant is requesting a continuance until the June 4, 1997 meeting On a motion by Mr Mottola,seconded by Mr Masse,the Commission voted 4-0-1 (Mr Manzi abstained) to continue the public hearing until June 4, 1997 242-860: PHASE III-Sewer Installation(DPW)Cont.from 5/7/97 Ben Fehen,Bill Hmurciak and Mary Trudeau were present and stated that the public hearing was kept open due to lack of a DEP number for this filing Mr Fehen submitted to the Commission a small plan with some changes made from the last meeting The changes were briefly discussed and Mr Lynch stated that a little more detail should be submitted to Mr Howard On a motion by Mr Masse, seconded by Mr Mottola,the Commission voted 4-0-1 (Mr Manzi abstained)to close the public hearing and issue a decision in 21 days 242-859: Coachmans Lane Pump Station(DPW)cont from 5/7/97 Ben Fehen,Bill Hmurciak and Mary Trudeau were also present for this public hearing and stated that Coachmans Lane was built about 25 years ago and it seems some filling in of the wetlands was done at that time The proposed location of the pump station is five feet to the road Mary Trudeau,is a wetland biologist hired by Mr Fehen's firm to inspect the site Ms Trudeau stated that in April she inspected the property and flagged a line She received a call from Mr Howard that skunk cabbage had grown up above the line Ms Trudeau again inspected the site and found it difficult to determine the original wetland line She tried to prove if there was any upland at all She submitted revised plans to the Commission and stated she can plot vegetation Using DEP's methodology,Mr Trudeau stated she came up with an area that is somewhat upland However,this cuts into the 50' no build area The upland is 60' x 25' Mr Howard asked Ms Trudeau if the pump station could be located within the 60'x 25' upland area and she stated in the affirmative Mr Howard recommended that the site be plotted on a revised plan and the public hearing continued until June 4, 1997 Mr Lynch asked Mr Fchcn if the borings have been done and the answer was in the affirmative There is some concern about how much peat is in the ground Ms Trudeau stated that her opinion would be there is about 6' of peat The pump station will be at approximately 17' deep Mr Fehen stated the area will be sheeted to prevent any further encroachment On a motion by Mr Mottola,seconded by Mr Masse,the Commission voted unanimously to continue the public hearing until June 4, 1997 and Mr Howard will do his best to have a draft Order of Conditions prepared for the Commission's review 242-856:#200 Chickering Road(MHF Design Consultants/Scott Co)cont from 5/7/97 This is a continuation of the public hearing and,as always,Mr Mottola stepped down from the Commission as he is an abutter to the property Mark Gross and Atty Shaheen were present and Mr Gross stated that as of 5/14/97 no additional test pits were done so they used the 7"calculation,which they submitted to John Chessia for review The stormwater management issues have all been addressed 4 and Mr Howard was given a report of the soil type Mr Howard recommended closing the public hearing and issuing a decision in 21days Mr Howard also,for the record,applauded the applicant for a Job well done regarding this filing On a motion by Mr Manzi,seconded by Mr Mabon,the Commission voted 4- 0-1 (Mr Mottola abstained)to close the public hearing and issue a decision within 21 days 242-862: Rocky Brook H Lots 1-6, 10A,11A& 12B(Neve Assoc/S.Breen)cont from 4/16/97 Peter Breen and John Morin from Neve Associates were present Mr Howard stated that he has received no information from the applicant and,therefore,is not prepared to discuss anything tonight The applicant asked,in writing,for a continuance until the June 18, 1997 meeting On a motion by Mr Manzi,seconded by Mr Mabon,the Comnussion voted 4-1-0(Mr Masse opposed)to continue the public hearing until June 18, 1997 242-863: Lot 3/062 Berry Street(New England Enidneerinp). Ben Osgood,Jr was present and gave proof of mailing to the Commission Mr Osgood stated this is a septic repair,perk tests were done for the design and there are two wetland areas present The site is stabilized and there are hay bales 19' from flag 3B Mr Howard did a site visit,approved the wetland delineation,and recommended closing the public hearing and issuing a decision within 21 days On a motion by Mr Manzi, seconded by Mr Mottola,the Commission voted unammously to close the public hearing and issue a decision within 2ldays 242-864: Water line design(a,Harold Parker State Forest(DEM). Terry Tolosko from DEP was present and presented the Commission with proof of mailing,and stated that 2,000 linear feet of water line are involved going down Salem Street to Middleton Road in Andover 600' is in North Andover and 400'of that fall within the 100'buffer zone Silt fence and hay bales will be installed and there are two culvert crossings Any fill not used will be disposed of by the contractor Some blasting may be necessary Ms Martin did a site inspection of the property and asked about erosion control in a certain area Some stockpiling will be done down by the bathhouse,and Mr Lynch stated that double hay bales will need to be used in some areas Mr Lynch suggested that in the Order of Conditions it should be specified where the stockpiling will take place Mr Howard stated the wetland delineation was fine Mr Tolosko stated that hopefully dewatering won't be necessary, however,if it is the water will be pumped from one side of the road to the other Mr Howard noted that a filing fee had not been submitted and cited the applicable section of the regulations stating that DEM was not exempt (only DEP is) Mr Howard recommended continuing the public hearing until June 4, 1997 On a motion by Mr Manzi, seconded by Mr Mottola,the Commission voted unammously to continue the public hearing until June 4, 1997 242-781: Modification to OOC A Lot 29C/#40 Sugarcane Lane(James E.Ducey) Mr Howard stated this is a single faintly dwelling and the owners put the children's gym set on the hay bale line in the No-Disturbance Zone Mr Howard recommended accepting this as a minor modification On a motion by Mr Manzi, seconded by Mr Mabon,the Commission voted unanimously to accept the "gym set"as a minor modification to the Order of Conditions for Lot 29C#40 Sugarcane Lane Decisions: 242-861: Lot 1 Saile Way/#700 Great Pond Road(Dennis Quintal) Mr Howard had a draft Order of Conditions prepared for the Commission to review On a motion by Mr Manzi, seconded by Mr Masse,the Commission voted unanimously to approve the draft Order of Conditions for 242-861 Lot 1 Saile Way 5 Adjournment: On a motion y Mr i, s on d by Mr Mottola,the Commission voted unanimously to adjourn the mee g L c , 6