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HomeMy WebLinkAbout1997-10-01 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room October 1, 1997 Members Present: Joseph W Lynch, Jr, Chairman, Albert Manzi, Vice Chairman, Scott Masse, Deborah Feltovic, Joseph Mottola and John Mabon Staff Present Michael D Howard,Administrator, Richelle Martin, Associate Administrator and Karen Fitzgibbons, Secretary The meeting was called to order at 7 00 pm Minutes: August 20, 1997, September 3, 1997 and September 17, 1997 no action taken on these minutes General Business: Filing Fee Expenditure for easel $135 Mr Howard is requesting the Commission vote to expend $135 for an easel for use at the Conservation meetings On a motion by Mr Mottola, seconded by Mr Mabon, the Commission voted unanimously to approve the Filing Fee Expenditure of$135 for the purchase of an easel 242-730 COC East Pasture Circle (Donald Johnston) An Order of Conditions was issued on March 20, 1995 authorizing construction of a roadway and one dwelling in the 100' Buffer Zone 25/50' setbacks were mandated and met except at the detention pond and connecting culvert The Conservation Office is in receipt of a letter from a P E certifying compliance and stamped as-built plans The vegetation is stabilized and the drainage system is functioning The Town is holding a bond in the amount of$5,000 Ms Martin recommends issuing a Certificate of Compliance and releasing the $5,000 bond money On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-730 and release the $5,000 bond money 242-360 PCOC Lot 12 Barker Street(Christiansen& Sergi) An Order of Conditions was issued on August 12, 1986 authorizing construction of 6 homes and associated sewer line A 25' no disturbance zone was mandated, a 50' no construction zone was not mandated This department received a letter dated June 26, 1997 from Phil Christiansen regarding a PCOC for this lot with three stipulations 1 the orientation of the house differs from the approved plan 2 the location of the wetlands replacement area 3 a shed within the 25' no cut zone A stamped as-built plan was also enclosed Ms Martin responded with a letter dated July 9, 1997 which included a laundry list of items that needed to be addressed before being in compliance with the Order of Conditions In a letter dated September 16, 1997 Christiansen& Sergi stated that the engineer cannot certify that the plan conforms with the OOC, since it does not On September 26, 1997 Ms Martin inspected the site The lot is obviously not in compliance, the compensatory area was constructed in a difference location, but a letter in the file shows that the Commission back then didn't have a problem with that Because this file is so old, it is very difficult to investigate something of this nature,therefore, Ms Martin differs to the Commission Dan O'Connell, Christiansen& Sergi,was present Mr Lynch reviewed the plan and stated that the replication area is in a different area than shown on the plan There is a letter in the file from Carl Schoene, a Conservation Commission member in the 80's, stating that moving the replication area was ok Mr Lynch stated that if the NOI shows the wetland line it needs to be flagged as best as can be done Mr O'Connell stated the wetland line is 12 years old,to what end would you need it on a plan? Mr Lynch stated for compliance Roxanne Comolle,present owner of the property, stated they bought the parcel from Mr Tuttle and did not know where the replication area was located The Comolle's appeared before a former Commission to try and clear up the situation, and were told the replication area went over to another lot Mr Manzi stated it appears to him the last paragraph of Carl's letter gave them the answer to how to do this Mr O'Connell stated if you overlay the house you'll find it is further away from the wetlands than the original plan indicates Mr Lynch disagrees,they took another look, and Mr O'Connell erred and apologized Mr Manzi stated waivers are needed Ms Martin stated that on 7/5/89 lots 13, 14, 15 and 16 had PCOC's issued An old as-built plan was located in the file and the members discussed it On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a PCOC for DEP file#242-360 242-072 COC Lot 55A, 1641 Salem Street(Carter& Coleman) An OOC was issued on 10/29/79 authorizing construction of a home in the floodplain of Boston Brook Setbacks were not mandated and the leaching field was constructed more than 100' from the wetlands The home was not constructed in the floodplain, it is approximately 220' from Boston Brook The site is stable and Ms Martin recommends issuing a Certificate of Compliance On a motion by Mr. Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a Certificate of Compliance for DEP# 242-072 242-812 COC 77 Sugarcane Lane (K Shaw) Scott L Giles An OOC was issued on 7/11/96 authorizing construction of an asphalt tennis court The 25'/33' setbacks were mandated and met,the office is in receipt of a letter from an RPLS and a stamped as-built plan Ms Martin performed an inspection on 9/26/97,the site is stable and the bond is $2,000 On a motion by Mr Mabon, seconded by Ms Feltovic,the Commission voted unanimously to issue a COC for DEP file#242-812 242-776 PCOC Lot 2M Andover By-Pass Rte 125 0 Demetri/Quest Enterprises) An OOC was issued on 11/30/95 authorizing construction of four single homes, driveways, utilities and grading within the buffer zone of a resource area 25'/50' setbacks were mandated and met, the office is in receipt of a letter and a stamped as-built plan Ms Martin performed a site inspection on 9/23/97, the site is stable and she has no issues Ms Martin recommends issuing a PCOC On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a PCOC for DEP file#242-776 Lot 2M 242-776 PCOC Lot 3M Andover By-Pass Rte 125 Q Demetn/Quest Enterprises) An OOC was issued on 11/30/95 authorizing construction of four single homes, driveways, utilities and grading within the buffer zone of a resource area 25'/50' setbacks were mandated and met,the office is in receipt of a letter and a stamped as-built plan Ms Martin performed a site inspection on 9/23/97,the site is stable and she has no issues Ms Martin recommends issuing a PCOC Mr Lynch stated the applicant seems to be 3' too close to the wetland line, I if you count the deck Mr Howard stated not flagged as a wetland on the plan, and the applicant performed a modification without prior approval from the Con Com On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to DENY the request for a PCOC for DEP#242-776 Lot 3M 242-875 Modification to OOC Stop & Shop (Merrimack Engineering Services) Tom Laudam and Steve Stapinski were present Mr Stapinski stated that at the time the public hearing was closed (at the applicant's request) we had not met the standard of the stormwater We now have addressed this and are looking for a modification to the OOC Your consultant approved the water table elevation and we are bringing it to the Commission Two 24' high density pipes will be used Mr Lynch read a letter from Coler& Colantomo agreeing with the applicant's engineer Mr Chessia wants a monitoring well installed and the fill tested for permeability Mr Stapinski stated with respect to your consultant, we have 2 man holes on site and feel that is adequate The Commission told Mr Stapinski he will have to monitor the well until we issue a COC. Mr Manzi asked if the Commission can consider the information minor, or do we need to amend the OOC? Mr Howard suggested that the Commission add a condition#29A regarding the pervious fill Mr Manzi made a motion to consider the pervious fill recommendation to be a minor modification, seconded by Ms Feltovic Mr Lynch asked for discussion Mr Masse stated to the applicant that this request for a modification and the appeal could have been avoided and you would not have been here tonight given that the information for#29 was given two days after closing the public hearing Mr Lynch pointed out that Mr Laudani was present(also Mr Kmiec) during the deliberation of the Order of Conditions, but in no way did he speak or contribute to the conversation The Commission voted unanimously to add condition 29A and a minor modification Presentation- Buffer Zone Policy - R Martin As the public hearings begin at 8 00 PM,time ran out and Ms Martin could not give her presentation At this time Mr. Lynch publicly acknowledged and thanked Pamela Merrill for her contribution of time to the Conservation Department. Public Hearings (8:00 PM) Request for Determination of Applicability At this time Mr Manzi read Section 12 8 1 of the law regarding the discretionary action the Commission may impose not to permit public input during the discussion of RDA's RDA Lot 2AA#204 Andover Street(G Schussel)Norse Environmental The applicant has filed an RDA seeking confirmation of a BVW delineation Mr Howard performed a site inspection on 9/27/97 and made no changes to the line However,tree clearing has occurred within the 100' Buffer Zone without prior approval from the NACC Impacts to wetlands were not observed Proof of mailing was given to the Commission Mr Lynch stated that he didn't know by reading the legal notice where the property is located Mr Fmk agreed Mr Howard recommends issuing a POSITIVE determination and an Enforcement Order that no work take place unless authorized by the Commission Mr Manzi made a motion, seconded by Ms Feltovic, to issue a POSITIVE determination approving the limit of BVW and an Enforcement Order that no work take place unless authorized by the Commission Mr Lynch asked for discussion Mr Masse agrees with the motion, but wants something from the applicant stating the address correction Mr Lynch explained to the people in attendance that this filing is only for a Request for Determination and if future work is within 100' of wetlands, a Notice of Intent will have to be filed At that time the public will have ample opportunity to speak The vote of the Commission on the above motion was unanimous RDA Lot 2 Winter Street(Tyler Munroe) Marchionda&Associates Mike Rosati was present and proof of mailing was given to the Commission The proposal is for a single family dwelling on a 10 acre lot The home and septic is outside the buffer zone The septic is in the outer portion of the Rivers Zone The soil conditions do not allow septic outside of the Rivers Zone Mr Howard asked if the applicant approached the abutting property owner to go outside the Rivers Zone? Yes, but the soils weren't right there either An abutter was present and stated that they had several incidents when water was in their yard, garage and over the road Mr Howard stated that the culvert could be blocked and maybe the Town needs to clean it out The abutter was told it is not the applicant's duty to solve an existing condition, they just cannot make that condition worse Mr Howard stated that no waivers have been asked for. Mr Masse made a motion, seconded by Ms Feltovic, to issue a NEGATIVE determination of applicability with erosion control The vote of the Commission was unanimous RDA Salem Street Map 651Lot 14 (St Michael's Church) Wetlands Preservation, Inc Mark Jacobs, Wetlands Preservation, was present and gave the Commission proof of mailings Mr Jacobs stated that wetland flags A7,Al2,A13 and B 1 have been located and added to the plan Also, flag D6 to the north has been located and shown on the plan Mr Howard agreed with this and stated that no work is proposed at this time On a motion by Mr Manzi, seconded by Mr Masse,the Commission voted unanimously to issue a POSITIVE determination of applicability approving the limit of BVW and the Riverfront Area RDA Marston SW 495 Interchange (LEC Environmental Consultants) Ann Marton was present and gave the Commission proof of mailings Mr Howard reviewed the filing and has requested several changes to the plan The Riverfront Area has been added to the plan Ms Marton stated that five wetland flags are located in North Andover The applicant tonight is looking for the Commission to only approve the wetland line On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to issue a POSITIVE determination of applicability Notice of Intent(s) 242-871 Lot I Dale Street MPG Realty Corp (Wetlands Preservation) cont fr 9117197 The applicant has requested in writing a continuance until the next public hearing so that outstanding drainage issues under DEPs Stormwater Management Policy can be resolved with the Town's consultant Mr Masse stated that the applicant seems to be having problems with getting things done in a timely manner, and maybe we should consider closing the public hearing Mr Manzi stated we should continue until the November 19, 1997 public hearing which would cause the applicant to re-notify and re-advertise The applicant is not present this evening, and Mr Howard stated he takes full responsibility for that. Kerry McCollister, an abutter, stated that Mr Howard should not be telling anyone whether or not to attend a meeting Mr Manzi made a motion, seconded by Ms Feltovic, to continue the public hearing to October 15, 1997 As the vote of the Commission was 4-2-0,the motion carried and the public hearing was continued until October 15, 1997 242-862 Rocky Brook Est II Lots 1-6, 10A, I]A & 12B (Neve) S Breen cont fr 913197 John Morin and Peter Breen were present Mr Morin stated that on September 3`d they had a meeting to address the new policies Mr Morin stated they have been trying to meet with John Chessia and finally had a phone conversation with him at which time most issues were ironed out There is no operation and maintenance plan yet, they are waiting for a written report from Mr Chessia Mr Howard asked how much replication area will be used for Rocky Brook 2 and Mr Morin replied there is plenty of replication for Rocky Brook I and II Mr Morin stated that if the design is not under the Rivers Act, lots 6 & l0A may be effected The Commission wants Mr Morin to continue designing as though the Rivers Act applies The applicant is requesting an extension until November 19, 1997 and will re-notify abutters Peter Breen stated that he has owned the property since 1976 and he has data and pictures to prove it is an intermittent stream Mr Howard asked if lot 12 was grandfathered, and Mr Lynch replied yes, but when you get into changing lot lines it becomes a very gray area On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted to continue the public hearing until the November 19, 1997 meeting at the applicant's request and the applicant will re-notify the abutters 242-878 Great Pond Rd Map 35 Lot 005 Ken Yameen (Robert Prokop) cont fr 913197 Mr Prokop stated at the last meeting the Commission requested a few changes be made to the plan He has now shown on the plan the cross section of wetland mitigation area, cross section of driveway with a crown, details of proposed swales, the 25' no- disturbance zone around the wetland replication area, sewer line inverts and buffer zone restoration around the replication area Mr Prokop stated that if a gravity line sewer cannot be used they will use a force main sewer Mr Lynch asked if the force main sewer would be for two houses only and Mr Prokop replied yes Mr Lynch stated a private ejector pump may be exchanged for a force main in the Order of Conditions if we do permit this On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-877 Lot 2A Flagship Drive (MHF Design Consultants) cont from 9117197 Frank Monteiro was present and stated they have redesigned the grading so as not to disturb the 100' buffer zone, therefore, the applicant feels they do not fall under the Wetland Protection Act anymore The applicant has provided a water connection to a treatment swale that enters into a roadway dram Mr Howard stated the work has been modified in such a manner that it removes itself from Commission jurisdiction Therefore, and in lieu of an Order of Conditions, Mr Howard recommends that a Notice of Non-Significance be issued allowing the project to proceed On a motion by Mr Manzi, seconded by Mr Masse,the Commission voted unanimously to issue a Notice of Non-Significance for 242-877 Lot 2A Flagship Drive 242-222 369 Salem Street Bogusha Duda (New England Engineering) The applicant failed to place an ad in the local newspaper and as such the Commission cannot open the public hearing Ben Osgood,Jr was present and stated he will run the legal notice in time for the October 15, 1997 public hearing and re-notify the abutters, if the Commission will allow that The Commission agreed to Mr Osgood's plan 242-882 Stevens Street Map 96/Lot 36 (Flintlock, Inc) Marchionda &Assoc Mike Rosati and Charlie Wyman were present and proof of mailing was given to the Commission Mr Wyman, Trustees of Reservations, stated the present owners want to preserve some of the land and are proposing to build only four homes The Mass Land Conservation Trust will carve out and sell off two lots on Stevens Street, and are proposing to put in a trail across Stevens Street to Academy Lane Mr Rosati stated the lots will be serviced by Town sewer There is a roadside ditch present which takes the drainage to Stevens Pond The sewer is in the middle of the road and erosion control is proposed Each lot will have its own driveway On lot 2, the applicant is trying to keep the driveway and home outside of the BVW On lot 3 there will be temporary alteration of 96' of BVW The garages will be placed under the homes Mr Howard expressed concern for potential of erosion Mr Rosati stated that the firm of Metcalf& Parker will be giving him there input Mr Lynch stated that terraced interceptors were used for Foxwood very successfully and Metcalf&Parker did that job Mr Lynch asked why not a culvert instead of a span and was told a span won't clog up Mr Howard feels any alteration of the wetland area should be avoided Mr Rosati stated they will provide stubs to any neighbors wishing to tie into sewer On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing until the October 15, 1997 meeting 242-883 1635 Osgood Street(Tyler Munroe) Marchionda&Assoc Tyler Munroe and Mike Rosati were present and proof of mailing was given to the Commission The applicant is seeking permission to construct an industrial building in the Buffer Zone of a BVW Waivers of the 25', 50' have not been requested The proposed building is for a 2400 sq ft garage, parking and storage area Presently there is a two family home on the property The storage bins are shown on the plan The proposal is subject to the stormwater policy, however, there is no information from John Chessia yet Mr Howard stated the wetland delineation has not been approved yet by him, and he recommends the establishment of a$2500 escrow account to pay for the outside consultant Mr Manzi suggested to Mr Munroe that he could get three estimates and hire who he wants for the outside consultant Mr Munroe declined and stated he has no problem using John Chessia of Coler&Colantomo On a motion by Mr Masse, seconded by Mr Mottola,the Commission voted unanimously to establish an escrow account in the amount of$2500, with whatever balance remains,plus interest, to be returned to the applicant when the project is complete Mr Munroe stated that cases of oil, gas and minor maintenance will be done in the garages The mulch and loam will be stored outside The hydroseedmg will be kept in a bin Lime will not be stored, it is purchased as needed Mr Howard pointed out that a permanent barrier should be constructed along the 25' no-disturbance zone for this type of land use(i a landscaping) Information needs to be submitted specific to herbicides,pesticides and fertilizers and their storage locations Mr Manzi stated the applicant is clearly making an effort to do the right thing The question of snow staorage came up, and the applicant stated there is storage available for the snow The applicant requested a continuance until November 5, 1997 pending confirmation of the wetland delineation On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing until the November 5, 1997 meeting Decisions: 242-879 Lot 7A Old Cart WU (Neve Assoc)Paul &Maryann Maus Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to approve the draft Order of Conditions as written for DEP # 242-879 Lot 7A Old Cart Way Adjournment: On a motion by r anzi, seconded by Mr Mottola, the Commission voted un 1 usly t C n the meeting JW_ J seph W cl�, Jr, Chairman