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HomeMy WebLinkAbout1998-11-18 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room November 18, 1998 Members Present: Scott Masse, acting chairman, Beth Wescott, Joseph Lynch, Jr , John Mabon and Robert Mansour Albert P Manzi, Jr and Deborah Feltovic were absent Staff Present: Michael D Howard, Conservation Administrator, Richelle L Martin, Conservation Associate, Karen A Fitzgibbons, Secretary and Richard Paquette, Intern The meeting was called to order at 7:00 p.m. Minutes: November 10, 1998 On a motion by Mr Mansour, seconded by Ms Wescott,the Commission voted unanimously to approve the above listed minutes General Business (7:00 p.m.) NACC #8 COC 136 Old Farm Road(P Adams) Seekamp Environmental An Order of Conditions was issued on May 21, 1998 authorizing construction of an inground pool with associated fence and patio within the buffer zone of a BVW The project was exempt from the Act but was jurisdictional under the bylaw and regs Ms Martin stated the pool and patio are> 50' from the wetland, the bond is $500 and the site is fully stabilized The Conservation Office is in receipt of a letter from Seekamp Environmental certifying compliance with the Order and Ms Martin recommends the Commission issue a Certificate of Compliance On a motion by Mr Lynch, seconded by Mr Mabon,the Commission voted unanimously to issue a COC on NACC 48 242-847 PCOC Settlers Ridge Road(Tom Zahoruiko) This Order of Conditions was for construction of an 11 lot subdivision including roadway design, utilities and necessary appurtenances This partial request is for the roadway and utilities only. The roadway construction and associated utilities are completed, areas are stabilized and the as-built compares with the Plan of Record The Conservation Office is in receipt of certification from Scott Giles,no bond money is being released and the lots have all received PCOC's Ms Martin stated we are waiting for now is the replication area and the Town is holding sufficient funds for that Ms Martin recommends the Commission issue a PCOC On a motion by Mr Lynch, seconded by Ms Wescott, the Commission voted unanimously to issue a PCOC for DEP #242-847 242-847 Acceptance of Open Space (Tom Zahoruiko) The deed to accept the open space at Settlers Ridge Subdivision has been signed by the selectmen and now it needs the Conservation Commission members to sign Mr Howard presented the deed to the members and they signed it 1 242-021 PCOC Lot 7 Berkeley Road (Attu John Willis) This Order of Conditions was issued in 1977 authorizing construction of Trafalgar Estates which is located off of Rt 125 near the Rt 114 intersection This particular lot had an OOC for construction of the home and received a COC in September of this year Ms Martin visited the site and has no issues Neither an as-built nor a letter certifying compliance were required, the title is still clouded through the subdivision order. Ms Martin stated this is an administrative issue,the lot should receive a PCOC On a motion by Mr Lynch, seconded by Mr Mabon,the Commission voted unanimously to issue a PCOC for lot 7 Berkeley Road 242-838 COC Lot 33 Innis Street(Christiansen& Sergi)Mr &Mrs Nicolosi This Order of Conditions was issued on 12/6/96 authorizing construction of a single family home and necessary appurtenances within the buffer zone of a BVW 250 sf of wetland restoration was required and completed A waiver of the 25' No Disturbance Zone was granted in several places and the 50' No Construction Zone was mandated and met The home is 56' from the closest wetland point and the deck is 51' A modification was granted by the Commission for the extension of Innis Street and the turn around area A modification was granted by Mike for the deck and the stockade fence The restoration area has completed two full growing seasons and is successful per Patrick Seekamp's letter dated 10/16/98 The bond is $5,000, the site is fully stabilized, the erosion control has been removed and the office is in receipt of a letter from a P E and stamped as-builts certifying compliance with the Order Ms Martin recommends the Commission issue a COC On a motion by Mr Lynch, seconded by Ms Wescott, the Commission voted unanimously to issue a COC for DEP #242-838 242-158 PCOC Lot 8 Bear Hill Road (Camille Miragliotta-Daly) This Order of Conditions was issued on September 8, 1982 authorizing construction of Bear Hill subdivision and all associated appurtenances This lot received a Negative Determination of Applicability in December of 1983 Ms Martin stated she visited the site, there are no violations and she has no issues The home is for sale and the title is clouded Ms Martin stated this is an administrative issue and lot 8 should receive a PCOC On a motion by Mr Mabon, seconded by Ms Wescott, the Commission voted unanimously to issue a PCOC for lot 8 DEP#242-158 Decisions: 242-937 Boxford Street& Duncan Drive (Kathleen Garon) Scott Gales Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Mansour, seconded by Ms Wescott, the Commission voted unanimously to approve the draft Order of Conditions for DEP 4242-937 Public Hearings (8 00 p in ) 242-784 Abbott Village Estates(North Andover Land Corp) cont fr 10/21/98 Town Counsel Joel Bard is present for this portion of the meeting Ben Osgood, Jr is also present Atty Bard stated that some back and forth took place with the applicant's attorney and they questioned the nature of the Commission's discussion. Mr Howard prepared a letter to prospective consultants but that took too long and the applicants asked 2 the court to take back the remand order They also withdrew the Thistle Road crossing The judge denied the motion to withdraw the remand order, therefore, the Commission is looking at that The applicant has withdrawn their choice of three consultants and wants the Commission to use Coler& Colantono Atty Speicher sent a letter dated 11/5/98 to Atty Bard stating the Commission should consider that Thistle Road has been withdrawn Ben Osgood, Jr stated that he has no information to add and suggests the changes be sent to Coler& Colantomo Mr Osgood stated he has no discrepancy with the letter from Atty Speicher Mr Howard recommends closing the public hearing and per the judge's order issue a decision in December Mr Lynch made a motion, for discussion only, regarding what the cumulative alteration is Ms Wescott seconded the motion Mr Osgood stated he doesn't have the figures with him Mr Howard does not have his figures either Mr Lynch stated the numbers Mr Howard quoted at the September 16, 1998 meeting haven't changed The Commission voted 4-0-1 (Ms Wescott abstained) to close the remand action of the public hearing only and issue a decision on December 9, 1998 at a 7 00 p in public meeting Regarding the modification, Atty Bard received a letter dated 11/12/98 from Atty Speicher stating the applicants would like to hire Coler& Colantomo as the consultant Mr Howard recommends $1500 be established for the escrow account and stated that John Chessia needs a two week turn around time for comments. Mr Osgood recommends a continuance until the December 16, 1998 meeting Mr Osgood also stated that"we" don't believe that the Commission can review any more than what is covered in the bylaw Mr Lynch made a motion, seconded by Mr Mabon,to establish an escrow account in the amount of$1500 and to continue the discussion at the December 16, 1998 meeting The Commission voted 4-0-1 (Ms Wescott abstained) Request(s) for Determination of Applicability 300 Abbott Street, Annie Sargent School, Town of forth Andover (Brad Bate) Brad is an Eagle Scout candidate interested in constructing a small deck/dock at the Annie Sargent School to be used as an"outdoor classroom" Present this evening are three teachers from the school Kathy Fosse, Mary Margaret Provost and Mary Lou Costello The site is predominately upland and Brad is attempting to make the detention pond into an outdoor classroom The work will be within 100' of wetlands and he is looking for a negative Determination of Applicability DPW has sprayed the area for poison ivy and a pathway will be cleared with a dock at the end Wood chips will be used to control growth Brad hopes to begin work in the spring and hopefully some developers will donate the materials Mr Lynch stated this is a very worthwhile project and many young people will benefit greatly No abutters were present and the principal could not attend due to a meeting scheduled with the superintendent Mr Lynch made a motion, seconded by Mr Mabon,to issue a Negative Determination of Applicability The vote of the Commission was unanimous #47 to 51 Equestrian Dr(Beachwood Bldrs) Merrimack Eng Services cont fr 10121198 Mr Howard stated he walked the line, changed a couple of flags and recommends the Commission issue a positive Determination of Applicability approving the BV W line only On a motion by Mr Lynch, seconded by Mr Mabon, the Commission voted 3 unanimously to issue a Positive Determination of Applicability for 47 to 51 Equestrian Drive Lots 23AA & 24AA Rocky Brook Rd(David Kindred)Neve Associates, Inc Mr Kindred is present this evening and stated due to an oversrte on his part, he does not have the proof of mailings There are no abutters present and Mr Masse stated that given Mr Kindred's track record and background he would allow Mr Kindred to have the proof of mailings to the Commission Office by Friday,November 20, 1998 (For the record, Mr Kindred did present the proof of mailings to the Commission Office by November 20, 1998) Mr Howard stated he and Mr Paquette walked the line and did soil borings and found an isolated area of a vernal pool John Weysner, 106 Rocky Brook Road, asked when Mr Howard walked the line and it was November 12, 1998 Mr Howard showed him the marked up plan and explained it to him Mr Howard recommends the commission issue a Positive Determination of Applicability referencing the BVW and vernal pool for Lots 23AA& 24AA Rocky Brook Road On a motion by Mr Mansour, seconded by Ms Wescott,the Commission voted unanimously to issue a Positive Determination of Applicability referencing the BVW and vernal pool Notice of Intent(s) 242-939INACC 910 Lot 14 Chestnut St (Acorn Realty Trust) NE Eng cont fr 10121198 Ben Osgood, Jr is present this evening The public hearing was continued to allow Mr Osgood time to provide supporting data for the project No supporting data has been given to the Commission Office Mr Osgood stated that the project is a lot more work than he anticipated and he needed to hire two consultants,therefore, he is requesting from the Commission a continuance until the December 2, 1998 meeting It was stated that Mr Osgood had no conversation with Mr Howard before today Mr Lynch stated that it is an incomplete application, the very basic information was missing from the beginning Mr Lynch made a motion, seconded by Ms Wescott, to close the public hearing and issue a decision within 21 days, for lack of information Before the Commission could vote on the motion, Bill Buco interrupted to state he is a direct abutter and at the last meeting Mr Osgood stated it is a difficult lot and he will be asking for waivers, and Mr Buco is asking the Commission to deny the project Barry O'Hagen, 455 Chestnut Street, stated that it is inconceivable that anyone could ever think they could get a lot from this property) The applicant is asking for waivers, has many times, and Mr O'Hagen is wondering how long do we have to put up with this? Please consider the abutters, it shouldn't be allowed Mr Osgood stated that he is only asking for a wetland confirmation and it is only his second time before the Commission on this project! Mr Osgood stated this is a separate piece of property that had no contiguous owner Mr Buco stated this land was part of another parcel of land named Woodlea Village Mr Osgood stated"no it wasn't" The vote by the Commission on Mr Lynch's motion was unanimous and the public hearing was closed with a denial decision due within 21 days 242-931 Lot 4N Berry Street, east side (One Hundred Fourteen Trust) cont fr 1114198 Peter Hingoram and Patrick Garner are present this evening The wetland line is shown on the plan and was confirmed about a year ago The NOI is for a 50,000 sf commercial building with a parking lot under Mr Garner stated drainage is a big issue, the soils 4 between B & C are only somewhat impervious Deep holes were done and vortech chambers are proposed for the 400 year storm The 25' buffer zone will not be affected There is a letter to Mr Howard from Coler and Colantomo dated 10/29/98 that speaks to the items that remain open Ms Wescott would like a site walk Mr Lynch asked if this project is going through the Planning Board and Mr Garner stated the property is zoned VR now but they hope for a change to commercial Concern was expressed about snow storage and Ms Wescott is concerned about de-watering since underground parking is proposed There are no abutters present and the applicant is requesting a continuance until the 12/16/98 meeting Mr Howard suggested the applicant forward information to Coler and Colantomo in due time Ms Wescott and Ms Martin will do a site walk On a motion by Mr Mabon, seconded by Ms Wescott,the Commission voted unanimously to continue the public hearing at the 12/16/98 meeting 242-940 400 Osgood St (Wm Bannister) Keach-Nordstrom Assoc cont fr 1114198 Mr Bannister and Dave Luikenon are present this evening Mr Howard stated he spoke with John Chessia and the outstanding issues are resolved, therefore he recommends closing the public hearing and issuing a decision within 21 days No waivers are requested and there are no abutters present On a motion by Mr Lynch, seconded by Ms Wescott, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-941 227 Berry Street(John Brunette)New England Engineering cont fr 1114198 Ben Osgood, Jr is present this evening and is requesting, in writing, a continuance Mr Osgood stated that the applicant had the property surveyed by another office, a$2500 job, and Mr Osgood is trying to get the plan from that office The missing flags have been located and are now added to the plans The well has been moved outside the 25' buffer zone and 100' away from the septic system Hay bales and a slit fence will be installed under the well and it will channel the water to a designated area Mr Lynch stated an environmental monitor will be necessary and a stamped plan from an RPLS is needed Mr Masse wanted it on the record that the attorney for Mr Stack and Phil Christiansen were present, but they left the building before this was discussed There are no abutters present On a motion by Ms Wescott, seconded by Mr Lynch, the Commission voted unanimously to continue the public hearing until the December 2, 1998 meeting Adjournment: On a motion by Mr Lynch, seconded by Ms Wescott, the Commission voted unanimously to adjourn the meeting 5