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HomeMy WebLinkAbout1998-10-07 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room October 7, 1998 Members Present: Albert P Manzi, Jr , Chairman, Scott Masse, Vice Chairman, John Mabon, Deborah Feltovic and Joseph Lynch Robert Mansour arrived at 7 25 p in Beth Wescott was absent Staff Present Michael D Howard, Conservation Administrator, Richelle L Martin, Conservation Associate and Karen A Fitzgibbons, Secretary The meeting was called to order at 7 00 p in Minutes: September 2, 1998 On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to approve, as amended, the minutes of September 2, 1998 General Business (7:00 p.m.) NACC #3 PCOC Great Pond Estates (Marilyn Elias) Marilyn and Felicia Elias are present this evening along with Atty Dan Bailey An Order of Conditions was issued for the construction of a roadway, utilities and stormwater management The Order expired on 9/10/98 The roadway has been paved and water samples are to be provided for three years Mr Howard recommends issuing a PCOC and reducing the bond amount Atty Bailey stated he would like to request a full COC with condition#37 listed as outstanding He realizes the Order has expired and his sense is that to insure compliance the Commission could keep some the bond money Bankers are looking for full Certificates of Compliance Mr Masse asked whether the written request was for a COC or a PCOC and Atty Bailey stated it was for a PCOC Mr Masse stated that for consistency sake the Commission should grant a PCOC for now with a bond reduction Mr Mabon stated he wants to be clear what's being asked for and he was told a COC with a condition, not a PCOC Marilyn Elias stated that she has done everything the Commission has asked and has any other applicant had to do water quality testing9 She was told yes, the homes at the Leland property Again, Mrs Elias stated they have complied with everything even rip rapping which she doesn't feel anyone else had to do I Mr Howard stated the rip rap had to be installed because your contractor allowed silt to enter into Lake CochichewickI Atty Bailey is requesting $2500 of the bond money be released Mr Masse made a motion, seconded by Mr Mabon, to issue a Partial Certificate of Compliance and reduce the bond money to $2500 The vote of the Commission was unanimous For the record, Mr Masse made a motion, seconded by Mr Mabon, that the request for a Certificate of Compliance be denied because condition #37 is not in compliance The vote of the Commission was unanimous 242-810 COC Lot 13 #93 Sherwood Drive (Douglas Seaver) 1 (It is 7 25 pm and Robert Mansour just arrived) Douglas Seaver is present this evening looking for a COC on his lot Mr Howard stated the site is in compliance even though there is an outstanding issue with the fine Mr Lynch stated he wanted to acknowledge Mr Seaver, as a new homeowner, being so co-operative with the Commission regarding the issues with the lot The bond was posted by the builder and Mr Seaver is only requesting a Certificate of Compliance Mr Lynch made a motion, seconded by Ms Feltovic,to issue a COC The vote of the Commission was 5-0-1 with Mr Mansour abstaining 242-907 COC 4611 Great Pond Rd (Carlton) Hancock Environmental Services Julie Parrino, Hancock Environmental Services, was present and stated she wrote a letter stating the paver bricks are functioning and she presented pictures of the driveway Ms Martin stated she visited the site on 9/28/98, agrees with Ms Parrino's letter, and has no issues An as-built was not required, the site is fully stabilized and Ms Martin recommends issuing a COC On a motion by Mr Mahon, seconded by Ms Feltovic, the Commission voted unanimously to issue a COC and release the $500 bond money 242-713 COC Andover Sportsmen's Club (Tom King) Wetlands Preservation An OOC was issued on 10/14/94 authorizing mitigation of previously filled BVW The mitigation consisted of 4463 square feet of replication to be constructed The bond is $3000 and the Conservation Office is in receipt of a letter certifying compliance along with stamped as-built plans Ms Martin visited the site,has no issues, and recommends issuing a COC On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a COC and release the $3000 bond 242-056 PCOC Lot 2 #32 Paddock Lane (Laurie Burzlafl) An OOC was issued on May 2, 1979 for the construction of Paddock Estates which is located off of Boston Street This item was on the 9/16/98 agenda, but since there was a violation the Commission denied the request A landscape company was hired to clean up the yard waste and it has been cleaned to Ms Martin's satisfaction Ms Martin recommends issuing a PCOC On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a PCOC Filing Fee Expenditure/MACC Fall Conference (S Masse) Mr Masse is requesting the Commission expend $100 from the Filing Fee Account in order to allow him and Ms Feltovic to attend the fall conference in Burlington on October 17, 1998 On a motion by Mr Mahon, seconded by Mr Lynch, the Commission voted unanimously to expend the $100 for the fall conference Decisions: 242-925 #33 Johnson Street No Andover Youth Center(Christiansen& Sergi) Mr Howard had a draft OOC prepared for the Commission's review On a motion by Mr Mansour, seconded by Ms Feltovic, the Commission voted unanimously to approve, as revised and amended this evening, the Order of Conditions for 242-925 242-920 479 Hillside Road Map 25/Parcel 79 (Mesiti Development) 2 Mr Howard had a draft OOC prepared for the Commission's review No waivers have been asked for or granted and the bond will be $5000 On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to approve, as drafted,the Order of Conditions for 242-920 242-852 Bond Reduction Lot A Rea Street(Colonial Village Dev) Merrimack Eng An OOC was issued on March 20, 1997 authorizing construction of a single family dwelling, driveway, septic system and appurtenances within the Buffer Zone of a BVW and the Outer Riparian Zone of Mosquito Brook Ms Martin visited the site and has no issues The Conservation Office is awaiting the Conservation Restriction to be drafted and recorded by Bill Barrett Mr Barrett is asking the Commission to release $3000 of the bond money the Town is holding It was discussed that a Conservation Restriction would be $500 to $1000 to draft Mr Masse made a motion, seconded by Ms Feltovic, to release all but$1000 of the bond money The vote of the Commission was unanimous 242-808 COC Lot 10 Sherwood Drive (Thomas Murphy)Neve Engineering An OOC was issued on 6/7/96 authorizing construction of a house, driveway, foundation drain and regrading within 100' of a BVW The foundation drain is> 25' from the wetland, the site is fully stabilized and the bond is $3000 A concrete patio was constructed on manicured lawn and is shown on the as-built as being 48' from the wetland line in one area Ms Martin pulled a tape at the site and stated the concrete patio is actually> 50' from the wetland line Mr Manzi stated the Commission relies heavily on their representatives in the field taking the measurements and that is what counts On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to issue a Certificate of Compliance for 242-808 Public Hearings (8:00 p.m.) 242-784 Abbott Village Estates (North Andover Land Corp) cont fr 9/16/98 Mr Masse stated he spoke with Joel Bard today and the applicant has requested, through Atty Bard, a continuance until the October 21, 1998 meeting There are no abutters present and on a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to grant the continuance until the October 21, 1998 meeting Request(s) for Determination of Applicability 437 Summer Street, Joseph Scandore (New England Engineering) cont fr 9116198 Ben Osgood, Jr was present requesting, in writing, a continuance until the October 21, 1998 meeting On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to grant the continuance until October 21, 1998 Notice oflntent(s) 242-921 Brook Farm Subdivision (M Antonelli) cont fr 9116198 Tom Marietta is present this evening Mr Howard stated he received a letter from John Chessia regarding the drainage and he is satisfied There are no abutters present and on a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted 5-0-1 (Scott Masse abstained)to close the public hearing and issue a decision within 21 days 3 242-933 Campbell Rd/Lyons Way Sub (West Environmental)MPG Realty cnt fr 9116198 Mark West is present and stated the data form was done and in two locations additional information will be provided Regarding the replication area, Mr West stated they will move it where there are sapling trees instead of large ones Regarding the stormwater management system, cleaning with a vacuum truck will need to be done spoke with Jim Rand regarding that Mr West stated that John Chessia and the Town engineer are working out issues regarding the intermittent stream Mr Howard stated there is an existing pipe in Campbell Road that discharges water without treatment Mr Howard stated the outstanding issues are final approval of the wetland line,the vacuum truck and the revised plans showing the stone wall Mr West is looking for clarification of the purpose of the stone wall Mr Manzi stated over the years the only thing that has worked is a permanent stone wall to prevent any encroachment Mr West is requesting a continuance to 10/21/98 A site walk will take place at 5 30 pm on 10/19/98 Debbie and Robert Acciacca, 168 Campbell Road, are present and will attend the site walk On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to grant the continuance until October 21, 1998 242-928 Lot IN Berry Street, east side, (One Hundred Fourteen Trust) coot fr 9116198 Peter Hingoram and Patrick Garner are present this evening Mr Garner gave a brief overview of the three lots they all front on Berry Street and are buffer zone projects Sewer is proposed with the potential for 13 or 14 houses to tie in sometime in the future Lot 1 is for a single family home with a portion of the driveway between the 25' and 50' There will be a 2' high barrier inside the 25' The plan of record is dated 7/30/98 revised through 9/15/98 It is a wet meadow area and no waivers are requested A wall,hay bales and a silt fence are all shown on the plan along with a 10' cantilevered deck The wetland line was approved through a prior RDA The sewer is in the right-of-way It was discussed that a cleaner way would be to file a separate NOI for the sewer Mr Garner stated a separate condition for the sewer could be put in the OOC No road improvements are planned by the applicant This is a Form A lot and there are no abutters present Mr Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Ms Feltovic, seconded by Mr Mabon,the Commission voted unanimously to close the public hearing Mr Lynch made a motion to reconsider, seconded by Mr Masse for the purpose of discussing where the deck should go The Commission reviewed the plan for the deck and Mr Lynch withdrew the motion for reconsideration 242-929 Lot 2N Berry Street, east side, (One Hundred Fourteen Trust) cont fr 9116198 Peter Hmgoram and Patrick Garner are present Mr Garner stated this is a single family home 57' from the wetland line Wetland flags, a foundation dram and a cantilevered deck are all shown on the plan Hay bales and a silt fence are proposed No waivers are proposed and erosion control will be placed at greater than 25' The pump for the sewer will be located on this lot Regarding dewatering, at Mr Howard's request Eric 9 revised the plans and added erosion control detail There are no abutters present and Mr Howard recommends closing the public hearing and issuing a decision within 21 days 4 On a motion by Ms Feltovic, seconded by Mr Lynch,the Commission voted uaanmously to close the public hearing and issue a decision within 21 days 242-930 Lot 3N Berry Street, east side, (One Hundred Fourteen Trust) cont fr 9116198 Peter Hingoram and Patrick Garner are present Mr Garner stated this is a single family home to be located at the 51' mark Hay bales and a silt fence are proposed along with a cantilevered deck A foundation dram is shown and no waivers are requested Mr Mabon asked if the deck is proposed to extend out over the wetlands and the applicant stated"yes " The applicant was warned to triple check the location There are no abutters present Mr. Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Ms Feltovic, seconded by Mr Mabon, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-931 Lot 4N Berry Street, east side, (One Hundred Fourteen Trust) cont fr 9116198 Peter Hingoram and Patrick Garner are present Mr Howard stated to the Commission that the escrow account has not been established yet This is a 9 3 acre parcel,the wetland line has been approved and there is sufficient parking The property is subject to a zoning change The applicant is requesting a continuance until the November 4, 1998 meeting On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to grant the continuance until the November 4, 1998 meeting 242-936#120 Stevens Street (Chris Surette) Scott Gales Scott Giles is present and stated that the project is a sewer extension in order to build a single family home The wetlands are across the street It is tangent to the roadway Public Works has reviewed the project and there is sewer present on Osgood Street already Mr Lynch recommends hay bales be placed on the easterly side No abutters are present and Mr Howard stated his issues have been addressed, therefore he recommends closing the public hearing and issuing a decision within 21 days 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 242-937 Boxford Street& Duncan Drive (Kathleen Garon) Scott Gales Scott Giles is present and stated the project is on the corner of Boxford Street and Duncan Drive and it is on the Wildlife Habitat list Some of the wetland flags were moved upland and the plans revised accordingly No waivers are being asked for, but the applicant is close to the 50' no build line The soils have been tested and are sand and gravel The septic is being designed The flags as shown on the plan are in the correct location Comments from Wildlife Habitat are expected For the record it was stated by the applicant, Mrs Garon that there are no plans to construct a deck The applicant is requesting a continuance until the November 4, 1998 meeting On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to grant the continuance until the November 4, 1998 meeting 242-935 969 So Bradford Street (Cuscia) Hancock Env Services 5 Julie Parrino is present and distributed revised plans to the Commission The project is for the demolition of an existing barn and house and the construction of a cape style house The application is before the Planning Board since it is in the watershed area They also need a waiver from ZBA The project meets the 25/50' and there will be a permanent barrier along the 25' no disturbance zone The proposed house meets the 50' setback Wetland flag 5 has been moved upslope and 4 dry wells are proposed Mr Manzi stated he wants to see a typical New England style stone wall This was discussed at some length to be sure the applicant is aware of what the Commission wants to see There are no abutters present and because the applicant must appear before PB and ZBA, Mr Howard suggests continuing the public hearing until October 21, 1998 On a motion by Ms Feltovic, seconded by Mr Masse, the Commission voted unanimously to continue the public hearing until the October 21, 1998 meeting 242-934 #660 Great Pond Rd(Rolling Ridge Conf Center) Christiansen & Sergi Gene Willis is present this evening and stated the project is to tie sanitary sewer to gravity on Great Pond Road Sedimentation control is proposed and Mr Howard is asking the Commission to approve wetland flags 5A to 17A and NL6 to NL2. Regarding the dewatering, Mr Willis stated it may not be necessary, but they will build something to hold the water if need be The project calls for a 2" force main pipe and there is one vernal pool on the property A locking joint point pipe is to be used Mr Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Ms Feltovic, seconded by Mr Lynch,the Commission voted unanimously to close the public hearing and issue a decision within 21 days Decisions: 242-921 Brook Farm Subdivision(M Antonelli)cont fr 9/16/98 Mr Howard had a draft Order of Conditions for the Commission to review On a motion by Ms Feltovic, seconded by Mr Mabon, the Commission voted unanimously to approve, as drafted, the Order of Conditions for 242-921 Adjournment: On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to adjourn the meeting 6