HomeMy WebLinkAbout1997-06-04 Conservation Commission Minutes Conservation Commission Minutes
Senior Center
June 4,1997
Members Present: Joseph W Lynch,Jr, Chairman, Albert Manzi,Jr,Vice Chairman,Beth Wescott,
Scott Masse and John Mabon Deborah Feltovic and Joseph Mottola were absent Robert Mansour
arrived at 8 45 pm
The meeting was called to order at 7 00 pm
Minutes:
On a motion by Mr Manzi, seconded by Mr Masse,the Commission voted unanimously to approve the
minutes of April 2, 1997 and May 7, 1997
DEP#242-712: Extension Permit @ Hitching Post Road(Neil Patnaude)
Mr Howard stated that the applicant is requesting a one year extension to 9/22/98 on his present Order of
Conditions that was issued on 9/22/94 A$5,000 bond was established some time ago and the homes are
greater than 100 feet away from wetlands(roadway and drainage structures only) On a motion by Mr
Manzi, seconded by Mr Masse,the Commission voted unanimously to extend the Order of Conditions on
DEP file number 242-712 for one year until 9/22/98
General Business:
Filing Fee Expenditure -$50.00 (M.Howard)
Mr Howard stated that he would like the Commission to vote to expend$50 00 from the Filing Fee
account for the purpose of hiring an intern for one day to update the Conservation Commission file
database On a motion by Mr Manzi,seconded by Mr Mabon,the Commission voted unanimously to
expend$50 from the Wetland Filing Fee account
Minutes:
On a motion by Mr Manzi, seconded by Mr Masse,the Commission voted unanimously to approve the
minutes of April 2°d, 1997 and May 7t', 1997
On a motion by Mr Manzi, seconded by Mr Mabon,the Commission voted unanimously to approve the
minutes of May 218`, 1997 _
DEP#242-585/600/642/675: Violation Notice/Enforcement Order-North Andover Heights/Estates
Jeff Andrews,WPI,was present along with Bruce Pitts from Toll Brothers,Inc Mr Andrews submitted a
restoration plan to the Commission for review Recording information was provided Mr Lynch read
into the record a letter from Gary Augustyn regarding the lot he currently owns Mr Andrews pointed out
to the Commission that a site plan is attached and asked the Commission where to replicate on the lot9
Mr Howard stated that it is an isolated wetland approved long before he began working for the Town
Mr Andrews stated the soil is hydric,but it is questionable whether an alternative wetland site could be
found There is some groundwater present to"drive"a wetland Bruce Pitts stated he feels it would be
difficult to create a replication area Mr Augustyn expressed concern regarding the idea of replicating in
the front of his property because it is very dry and grass hardly grows in that location His backyard is
wet,swampy and there are drainage problems Mr Lynch asked Mr Howard if he did a site visit to the
property and Mr Howard replied in the negative Mr Manzi suggested a site visit to the property before
making a decision Mr Howard,Gary Augustyn,Bruce Pitts and Jeff Andrews will do a site visit to the
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property On a motion by Mr Manzi, seconded by Mr Mabon,the Commission voted unanimously to
continue the public hearing until 6/18/97 Bruce Pitts and Gary Augustyn to work out who will be
responsible for paying for the restoration
DEP#242-813: COC-#36 Watkins Way.
A request for a Certificate of Compliance was made at the last public hearing, however,the lot was found
not to be stable and the request was denied Ms Martin inspected the lot, it is stable and now in
compliance On a motion by Mr Manzi,seconded by Mr Masse,the Commission voted unanimously to
issue a Certificate of Compliance for 242-813,#36 Watkins Way
DEP#242-698: MODIFICATION(La-Rae Strawbridge/Attu.Renton)
Mr Lynch read a letter from the applicant regarding her property into the record A modification to the
Order of Conditions was filed with the Commission Office for a deck at the rear of the home On a
motion by Mr Manzi,seconded by Mr Mabon,the Commission voted unanimously to accept the deck as
a mmor modification to DEP file number 242-698
DEP#242-743: MODIFICATION-Lot 22 Evergreen Estates Vernal Pool(DECM).
Leah Basbanes was present on bahalf of the applicant and stated that she has visited the site many times
and does not believe the depression in the land is a certified vernal pool under state or local definition
The Town Bylaw states the area must hold water for 2 months during the spring and summer Ms
Basbanes stated the depression didn't hold water for 2 weeks,is void of any vegetation and she certainly
wouldn't consider it a vernal pool Mr Howard stated it is not a jurisdictional area in his opinion For
discussion purposes only,Mr Manzi made a motion to deny a request for modification and Mr Masse
seconded itDiscussion Mr Manzi stated that the photos speak for themselves and as far as he is
concerned it is a resource area Ms Basbanes pointed out that last year the depression didn't hold water
all summer) The soil is too thin, no vegetation is present and there is a lot of ledge in the area At tlus
point a vote was taken on Mr Manzi's motion to deny the request for a modification and the results are as
follows
Mr Manzi yes
Mr Lynch no
Mr Masse no
Mr Mabon no
Ms Wescott no
On a motion by Mr Mabon, seconded by Mr Masse,the Commission voted 4-1-0(Mr Manzi opposed)to
approve the modification that the isolated depression on lot#22 is not jurisdictional under the Act or local
bylaws
Public Meeting—DECISIONS:
These two(2)decisions were taken out of order as there was some concern that a NACC quorum would be
lacking by the end of the evening
DEP#242-856:#200 Chickering Road(MHF Design Consultants/Scott CO).
Mr Howard had a draft Order of Conditions prepared for the Comnussion's review and per their request
read it verbatim On a motion by Mr Manzi, seconded by Mr Masse,the Commission voted
unanimously to approve the amended Order of Conditions for 242-856 200 Chickenng Road
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DEP#242-863: Lot 3/#362 Berry Street(New England Eng./Elizabeth Poirier).
Mr Howard had a draft Order of Conditions prepared for the Commission to review On a motion by Mr
Masse, seconded by Mr Manzi,the Commission voted unanimously to approve the draft Order of
Conditions for 242-863
Public Hearings(8:00 PM)
242-698 Enforcement Order Lot 1 Turnpike St
and
242-706 Enforcement Order Lot 2 Turnpike St
Mr Howard stated there is an outstanding invoice due on Lot#2 King Weinstein was present and wrote
out a check to cover the invoice Tim Stone was present and stated 1,800 tons of material was removed
and went to three different landfills in the state Atty Renton was present and stated he is looking for a
letter stating that the Commission will not revoke the Order of Conditions or seize the bond Mr Howard
is to write a letter regarding that along with his draft decision for the Commmssion to vote on at the next
public hearing It is now 8 45 p in and Mr Mansour has arrived at the meeting On a motion by Mr
Manzi, seconded by Mr Masse,the Comnussion voted 4-0-1 (Mr Mansour abstained)to close the public
hearing on Lot 2, DEP file number 242-706 On a motion by Mr Manzi, seconded by Mr Masse,the
Commission voted 4-0-1 (Mr Mansour abstained)to lift the cease and desist order on Lot 2,DEP file
number 242-706
Request(s)for Determination of Applicability
RDA-Lot 1.#386 Great Pond Rd(Merrimack Eng./Douplas Ely)
Douglas Ely,homeowner, gave proof of mailings to the Commission Curt Young and Mr Howard did a
site walk,and Mr Howard recommends issuing a POSITIVE DETERMINATION on wetland flags A5
through A 14 only as the remaining flags were off property It is now 9 00 p in and Mr Manzi had to
leave for work On a motion by Mr Mansour, seconded by Mr Masse,the Commission voted 4-0-1 (Mr
Manzi abstained)to issue a Positive Determination of Applicability for Lot 1/086 Great Pond Road
Notice of Intents)
DEP#242-858: Edgewood Lifecare Osgood St(Judith Nitsch Ena)
Sandy Brock was present, handed out a revised plan to the Commission and stated that Mr Howard
received a copy of the letter Ms Brock and Mr Howard did an inspection and it was discovered a stone
box culvert is present Ms Brock presented pictures taken 4 to 5 days after the October 1996 rain storm
When the first culvert backs up it creates water on the roadway which backs up into the resource area
Mr Lynch stated to Ms Brock that considering the size of Edgewood,the plan presented tonight looks a
little"hokey"and feels the approach is"piece meal' Ms Brock stated we are viewing this as a repair and
not as a complete redo of the drainage of the whole farm There is no detailed survey of the area and its
not feasible for Edgewood to do it On a motion by Mr Masse,seconded by Mr Mansour,the
Commission voted 4-0-1 (Mr Manzi abstained)to close the public hearing and issue a decision in 21
days
DEP#242-859: Coachmans Lane Pump Station(DPW)cont from 5/21/97
Ben Fehan from Guertin Associates was present and stated that the area in question appears to be a
wetland that was long ago filled in Wetland Biologist Mary Trudeau was present and showed on a plan
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where the pump station could feasibly be located near the boundary of the wetlands The area will be
bounded by erosion control Mr Fehan stated he re-examined the soil borings and no peat was present
Mr Howard was looking at the plan and then asked Mr Fehan if the hay bales could be moved up or do
you need them right on the wetland line? Mr Fehan stated the installers will need some maneuvering
room if sheeting is to be installed It was discussed that stockpiling of soil and discharge of the de-
watering should be in the Order of Conditions Mr Howard asked Mr Hmurctak how do you de-water
the pump station and Mr Hmurciak stated the water will probably be placed in the road Mr Lynch
suggested bagging the grates and putting hay bales around them On a motion by Mr Masse,seconded by
Mr Mabon, the Commission voted unanimously to close the public hearing and issue a decision in 21
days
DEP#242-864:Water Line Design A Harold Pkr State Forest(DEW SEA.Inc.)cont from 5/21/97
At the last public hearing the applicant was told that the application was incomplete and that DEM was
not exempt from filing fees Mr Howard stated that the Conservation Office has not received any filing
fees and it appears there is no one present to discuss this filing tonight The application is considered
incomplete as no filing fees have ever been received On a motion by Mr Masse,seconded by Mr
Mabon,the Commission voted unammously to close the public hearing and issue a decision in 21 days
DEP#242-865:Cyr Recycling Center(a)Sharoners Pd Rd(No.Andover DPW)
Bill Hmurciak was present regarding this filing and presented proof of mailings to the Commission Mr
Howard stated that because Mr Mabon is involved in soccer in the Town maybe he should not be part of
this discussion Mr Lynch recommended that Mr Mabon remain at the table but refrain from any
discussion of this matter Mr Hmurciak stated the Town is attempting to build two(2)baseball fields and
two(2)soccer fields at Sharpners Pond Road Outside of the buffer zone the field has been raised for
drainage and the contours meet the existing contours The Air Force will continue to grade the area and
build it up A silt fence and hay bales will be added,the Air Force will come back this month to finish up
Mr Hmurciak stated that a water fountain will need to be installed for public use,however,we're not sure
where the location will be yet Mr Hmurciak pointed out on the plan where the proposed parking area
will be Mr Howard stated the point source discharge has been eliminated,erosion control will be placed
accordingly,and the Air Force will loam and seed the area There is no floodplain present Jean Leslie,
2170 Turnpike Street,was present and asked why she was never notified when the last field was installed
When the area was re-graded all the water went to her property on Turnpike Street Ms Leslie also asked
about night games and Mr Hmurciak replied the likely hours of games would be 6 p in to 8p in She also
mentioned the fact that dirt bikes are in the area causing a lot of noise and with the addition of ball fields
it will be made worse On a motion by Mr Mansour,seconded by Mr Masse,the Commission voted 4-0-
2(Mr Mabon and Mr Manzi abstained)to close the public hearing and issue a decision in 21 days
DEP#242-866: Lot 2/057 Rea Street(Wetlands Preservation.Inc./Maureen Joyce).
Curt Young and Sally Newman from WPI were present and Mr Young stated the project is a single
family home with a driveway across Mosquito Brook and a septic system in back There is a perennial
stream present,but the flow to Mosquito Brook is insignificant A common drive will be proposed You
cross the existing footbridge and come through a wood road to reach the buildable site There will be no
violation of the 50'buffer zone,but will penetrate the 100' The inner riparian zone and 200'outer
riparian zone are shown on the plan There will be impacts to the BVW 4' x 10' culverts will be sunken
and 2,400 sq ft of BVW will be impacted As you move through the BVW you come to an area of upland
The total replication is 8,395 sq ft It is a limited project crossing and Mr Young recommends not cutting
in the lower floodplain They will try to disturb as little of the area as possible They have filed with
Natural Heritage and the floodplam is based on FEMA Mr Howard will send a letter to the applicant
outlining what he wants to see from the applicant Peter North, 285 Rea Street, is interested to see where
the home will be sited and he has some wildlife habitat concerns Mr North stated the stream does go
dry,but doesn't necessarily run out Mr Young asked Mr North when did you see it run dry and Mr
North replied a couple of years ago Mr Young agreed with that timing Mr North stated that in heavy
ram the stream becomes a 14'wide by 3 or 4'deep It was discussed that there should be a site walk and
it was decided it would be on Wednesday,June 1 I e at 6 30 p in On a motion by Mr Masse, seconded by
Mr Mabon,the Commission voted unanimously to continue the public hearing until June 18`h
Decisions:
DEP#242-860: Sewer Inst.(-,Winter.Glencrest.Meadowview,Morningside Russett Woodcrest
Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr
Masse,seconded by Mr Mabon,the Commission voted unanimously to approve the draft Order of
Conditions for 242-860 Sewer Installation
DEP#242-859: Coachmans Lane Pump Station(DPW)
Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr
Mabon,seconded by Mr Masse,the Commission voted unanimously to approve the draft Order of
Conditions for 242-859 Coachman Lane Pump Station
DEP#242-865: Cyr Reevelim Center A Sharpners Pond Rd(DPW)
Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr
Masse, seconded by Mr Mansour,the Commission voted unanimously to approve the draft Order of
Conditions for 242-865 Cyr Recycling Center
Adjournment:
On a motion by Mr Masse, seconded by Mr Mansour,the Commission voted unanimously to adjourn the
meeting
Joseph W Lynch,Jr Chairman
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