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HomeMy WebLinkAbout1998-10-21 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room October 21, 1998 Members Present: Albert P Manzi, Jr, Chairman, Scott Masse, Vice Chairman, John Mabon, Deborah Feltovic, Joseph Lynch and Beth Wescott Robert Mansour arrived at ,800pm Staff Present: Michael D Howard, Conservation Administrator, Richard Paquette, Intern and Karen A Fitzgibbons, Secretary Richelle L Martin, Conservation Associate was on vacation Minutes: September 16, 1998 The minutes were not ready for approval this evening General Business (7:00 p.m.) 242-849 COC #261 Bridges Lane (William Barrett) An OOC was issued on March 13, 1997 authorizing construction of a single family dwelling and all appurtenances in the buffer zone The No Disturbance Zone was waived to allow 300 sf of wetland alteration along wetland flags A8, A9 and A10 A 32' No Construction Zone was mandated 600 sf of replication was to be constructed The bond is $5,000 and the replication area has gone through 2 growing seasons and is successful per Geoff Andrews' letter dated September 22, 1998 The office is in receipt of a letter from a P E certifying compliance with the Order along with stamped as-builts The site is stable Mr Howard recommends issuing a Certificate of Compliance On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a COC and release the bond money for DEP #242-849 242-836 COC Lot 5A Pheasant Brook Rd (Kenneth Hyde) Christiansen& Sergi An OOC was issued on January 9, 1997 authorizing construction of a single family dwelling, driveway and associated grading within the buffer zone of a Vernal Pool 25'/50' setbacks were mandated and met, the bond is $3,000 and the site is stabilized The office is in receipt of a letter from a P E certifying compliance with the Order and stamped as-builts The house is exactly 50' from flag Z-14 Ms Martin inspected the site and has no issues Mr Howard recommends issuing a COC On a motion by Ms Feltovic, seconded by Ms Wescott, the Commission voted unanimously to issue a COC and release the bond money for DEP #242-836 242-585 COC North Andover Estates/Heights B Pitts) WPI, Inc and 242-600 PCOC North Andover Estates/Heights (B Pitts) WPI, Inc and 242-642 COC North Andover Estates/Heights;(B Pitts) WPI, Inc and 242-675 COC North Andover Estates/Heights (B Pitts,) WPI, Inc 1 On 9/24/98 Mr Howard sent a letter to Bruce Pitts regarding the outstanding issues that need to be addressed Mr Manzi and Mr Howard reviewed the site on 10/20/98 and there was one item left and Mr Howard informed Mr Pitts of that Since then the outstanding item was taken care of and Mr Manzi stated he feels good about the timely response from Toll Brothers Mr Howard recommends the Commission issue Certificates of Compliance for 242-585, 242-642 and 242-675 and a Partial Certificate of Compliance for 242-600 On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue Certificates of Compliance for 242-585, 242- 642 and 242-675 and a Partial Certificate of Compliance for 242-600 Regarding 242- 600, on lot 8, for the record it is to be noted that the homeowner will be responsible for bringing the lot into complete compliance Toll Brothers is to provide the Commission office with documents stating the bond money should be released to them 242-862 Modification—Rocky Brook II (Peter Breen) Peter Breen is present this evening asking the Commission to accept as a minor modification a bond schedule for Rocky Brook II Mr Breen stated he is ready to begin Rocky Brook II, has met with Mr Howard and would like to structure the bond as follows $13,000 for the roadway $3,000 for each lot when the Form U's come forward $3,000 for the flood replacement area On a motion by Mr Masse, seconded by Mr Lynch, the Commission voted unanimously to approve the above listed bond schedule for 242-862 Rocky Brook II 242-847 Bond Reduction Settlers Ridge (Tom Zahoruiko) Mr Zahoruiko is present this evening asking the Commission for a bond reduction in the amount of$2,000 He stated two growing seasons have passed and the property is stable The bond has a balance of$3500 and on a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to release $2,000 of the bond money, leaving a balance of$1500 to be held by the Town Discussion—Detention Basin g Foxwood Subdivision(T Marietta) Tom Marietta and Tom Hurley are present this evening Mr Howard stated the detention basin at Foxwood was not constructed according to the Order of Conditions Mr Manetta stated the slope coming in is a 2 1 slope but the bottom area of the pond is not large enough and you would have to go way back into the slope and then you would risk slope failure The detention pond has been in and working for three years now Mr Marietta stated his firm wasn't the original engineering firm, but the topo could have been easily off by 8 to 9 feet The bottom area is at 148 and it just can't be expanded out The detention pond is not overflowing and hasn't Mr Marietta stated he feels the best thing is to just leave it or add to the top of the berm a bit Mr Howard stated he doesn't feel the Commission should sign off on something that isn't built according to the plans Mr Manzi asked Mr Marietta if the basin could have been built the way it was supposed to be built and Mr Marietta replied if everything was perfect, yes, but it's not a perfect wall to begin with The homes are all constructed. Mr Manzi stated he is concerned about the situation, however, he lives nearby, has spent a lot of time watching the slopes in ram storms and has never seen it overtopped Mr Howard stated the Commission shouldn't sign off, once the road is accepted the basin becomes the Town's responsibility Mr Howard stated we need a professional opinion Mr Lynch asked if it was feasible to dig into the hillside to get storage underground and Mr Marietta replied it could be done, but the slope behind it could fail, he would rather add to the berm to make it higher Mr Manzi would prefer to see an opinion from John Chessia Mr Howard recommends issuing an Enforcement Order to Evergreen Management mandating zero net runoff and an escrow account be established for$2500 Mr Masse made a motion, seconded by Ms Feltovic,to issue an Enforcement Order mandating zero net runoff and applicant to seek third party consultant and establish a$2,000 escrow account The vote of the Commission was unanimous Enforcement Order—Lawrence Municipal Airport(D Deschenes) Mr Masse stated he has been talking to Jim Baker and Doug Deschenes and they are gradually attempting to comply with the Enforcement Order, money is the problem so based on that the Commission will be attempting to seize the $5000 bond posted by Kingsberry Mr Lynch made a motion, seconded by Ms Wescott, to move to seize the bond for the purpose of bringing the property into compliance The vote of the Commission was unanimous Scheduling—Master Plan Committee Meeting (M Howard) Mr Howard stated the Master Plan would like to meet with the Commission (Mr Mansour just arrived) and Mr Howard is asking the Commission when would be a good time for them It was decided that an alternate Wednesday night from the regular meeting schedule would be appropriate Public Hearings (8:00 p.m.) 242-784 Abbott Village Estates (North Andover Land Corp) cont fr 10/7/98 Mr Masse stated he spoke with Atty Joel Bard regarding a continuance Atty Howard Speicher sent a letter to Atty Bard stating there is no resolution yet regarding the language to be used and he is requesting a continuance, through Atty Bard, until the November 18, 1998 meeting Mr Masse made a motion, seconded by Ms Feltovic,to grant the continuance request until the November 18, 1998 meeting The vote of the Commission was 6-0-1 (Mr Mansour abstained) Request(s) for Determination of Applicability 4437 Summer Street, Joseph Scandore (New England Engineering) cont fr 1017198 Ben Osgood, Jr is present this evening and stated that he presented revised plans to Mr Howard only yesterday afternoon,therefore, he 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 9114 Penm Lane (Joseph DiBlasi)New Engineering Services Ben Osgood, Jr. is present this evening and stated the home is the last one on the left on Perm Lane and it has a failed leaching system 40' near wetlands Mr Howard revised the line The front of the lot is wooded and they are trying to install the septic in the lawn area, otherwise they would have to cut 25 to 30 trees down The tank will be relocated to the front yard and all work is beyond 50' Mr Howard recommends issuing a Negative Determination of Applicability with a pre-construction meeting with the Conservation Department On a motion by Ms Feltovic, seconded by Mr Masse,the Commission voted unanimously to issue a Negative Determination of Applicability with a pre- construction meeting with the Conservation Department #47 to 51 Equestrian Drive (Beachwood Builders) Merrimack Engineering Services John Soucy is present this evening and since there were no abutters present he waived the reading of the legal notice The applicant is requesting a continuance until the November 18, 1998 meeting On a motion by Ms Feltovic, seconded by Ms Wescott, the Commission voted unanimously to grant the continuance until the November 18, 1998 meeting #1 Clark Street(RAMAsset Mgmt) Hancock Environmental Julie Parrino is present this evening and stated she met with Mr Howard and made no changes to the plan and no work is proposed Mr Howard stated the Commission will be acting on the BV W only There is a small wetland resource area present Mr Howard recommends issuing a Positive Determination of Applicability for BVW only and state and local isolated wetland area On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a Positive Determination of Applicability Notice of Intent(s) 242-933 Campbell RdlLyons Way Sub (West Environmental) MPG Realty cnt fr 1017198 Ken Grandstaff and Mark West are present this evening and Mr West stated that Mr Manzi and Ms Feltovic attended the site walk and there were no problems The replication area was relocated to an area that was previously disturbed A stone wall was added on lot 4 Most of the drainage is headed down to the road, some into a treatment swale Data plots were done on two homes There are very large boulders on the property that the applicant wants to use, if possible, for the wall Mr Mansour warned the applicant that more disturbance can be done with pushing a boulder, so be careful Mr Howard recommends closing the public hearing, issuing a decision within 21 days, and releasing the escrow account On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to close the public hearing 242-935 #69 So Bradford Street (Cuscia) Hancock Env Services cont fr 1017198 Julie Parrino is present this evening and distributed revised plans to the Commission Placement of hay bales has been added and soil testing was done behind the house this morning The groundwater is at 42" so there will be no problem with a walkout basement Very large stones will be used for a stone wall There are no abutters present and Mr Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Ms Feltovic, seconded by Ms Wescott, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-??? 400 Osgood Street (William Bannister) Keach-Nordstrom Assoc Bill Bannister is present this evening along with Dave Lukinon and proof of mailing was given to the Commission The project is for construction of a parking area, sewer tie in and the construction of the stormwater management system Mr Lukinon stated the parking will be constructed in front of the building and drainage will be collected in two treatment swales and piped into a stormwater management basin and outletted onto Osgood Street The 25' no-disturbance zone will be maintained Mr Howard delineated the property on behalf of the Town some time ago, but he will re-inspect the line An escrow account needs to be established for outside review On a motion by Mr Lynch, seconded by Ms Feltovic,the Commission voted unanimously to establish an escrow account in the amount of$2500 The applicant has waived the three bid process and wants to use John Chessia as the outside consultant There are no abutters present this evening The applicant is requesting a continuance until November 4, 1998 On a motion by Mr Lynch, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing until the November 4, 1998 meeting 242-938 427 Winter Street(John Kirwan)New England Engineering Services Ben Osgood, Jr is present this evening and proof of mailing was given to the Commission The applicant is seeking permission to pave a gravel driveway on the wetland side of the house The line was delineated last fall in conjunction with a septic repair The driveway has a turnaround right up to the wetlands and the applicant is proposing to move the turnaround so the water won't drain into the wetlands A small berm is proposed There is no need for a treatment swale per Mr Howard Mr Lynch stated that paving the driveway would be the best thing to do There are no abutters present and Mr Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Ms Feltovic, seconded by Mr Mansour, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-939INACC#10 Lot 14 Chestnut Street (Acorn Realty Trust)N E Engineering Ben Osgood, Jr is present this evening and proof of mailing was given to the Commission Mr Osgood submitted the project under the Act and the Town bylaw, however, it was discussed and decided that one public hearing will be held Mr Osgood agrees with this There is a waiver request before the Commission Mr Osgood stated the Commission has seen this lot before, a Determination of Applicability was issued in the past and the line is shown on the plan The property is located on the corner of Wesley and Chestnut Street and has been in existence since 1984-85 The applicant is proposing to access the uplands and construct a house, impacting four resource areas with a permanent alteration and a temporary alteration A concrete arch span over the stream is proposed 1102 sf replication for the permanently lost wetlands is proposed and 520 sf for the temporarily lost wetlands is proposed A waiver is being requested because the applicant will be impacting the buffer zone since there is not a lot of room for a house A y Cape Cod berm is proposed A wall is proposed along the edge of the disturbance area to delineate the yard The area will be swaled so water will travel south The question of just who the applicants are was asked and Mr Osgood stated Tom Laudam and Ben Osgood, Sr The floodplam and drainage calcs are supported by a P E A wildlife habitat study will be needed Mr Howard stated to the applicant that no garage or deck plan will be supported There are quite a number of outstanding issues and Mr Howard will submit them in letter form to Mr Osgood Mr Manzi asked Mr Osgood if he will be looking for waivers of the 25/50 and Mr Osgood replied"yes " Mr Osgood asked the Commission if they consider a brick patio a structure and Mr Manzi replied"historically, yes " It was pointed out that Wesley Street is a private drive never accepted by the Town and the abutters will never allow access Mr Mansour is concerned about disturbance to the wetlands Mr Lynch wants some detail on the force main Bill Buco, an abutter at 465 Chestnut Street, was present and stated he has been before Town boards in the past regarding this property and he has owned his property for 18 years and was told this property could never be built upon) Mr Buco expressed concern regarding drainage from the lot and also stated there is no way he will give the applicant an easement, There are a lot of issues the applicant must address, therefore, he is requesting a continuance until the November 18, 1998 public hearing On a motion by Mr Mansour, seconded by Ms Feltovic, the Commission voted unanimously to grant the continuance until the November 18, 1998 meeting Decisions: 242-928 Lot 1N Berry Street, east side, (One Hundred Fourteen Trust) and 242-929 Lot 2N Berry Street, east side, (One Hundred Fourteen Trust) and 242-930 Lot 3N Berry Street, east side, (One Hundred Fourteen Trust) Mr Howard had a draft Order of Conditions prepared for each of the above listed projects for the Commission members to review On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to approve, as drafted, the draft Order of Conditions for the above listed projects 242-936 #120 Stevens Street(Chris Surette) Scott Giles Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to approve, as drafted, the Order of Conditions for DEP#242-936 242-934 4660 Great Pond Rd (Rolling Ridge Conf Center) Christiansen& Sergi Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to approve, as drafted, the Order of Conditions for DEP #242-934 242-938 427 Winter Street(John Kirwan)New England Engineering Services Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to approve, as drafted,the Order of Conditions for DEP#242-938. Adjournment: On a motion by Ms Feltovic, seconded by Ms Wescott, the Commission voted unanimously to adjourn the meeting