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HomeMy WebLinkAbout1999-02-17 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room February 17, 1999 Members Present Albert P Manzi, Jr., Chairman, Scott Masse, Vice Chairman, Robert Mansour, John Mabon, Beth Wescott and Joseph Lynch, Jr. Staff Present: Richelle L Martin, Conservation Associate and Karen A. Fitzgibbons, Secretary. The meeting was called to order at 7.00 p m Minutes: January 20, 1999 On a motion by Mr. Mansour, seconded by Mr. Masse, the Commission voted unanimously to approve, as drafted, the above listed minutes. General Business (7:00 p.m.) 242-148 COC Lot 21, 182 Lacy Street (Anne Hillman) An OOC was issued on April 7, 1982 for construction of a single family dwelling in the Buffer Zone of a BVW. The homeowners came to the office because their title is clouded and Ms. Martin visited the site on February 101h. Ms. Martin stated there are no violations on site, this is merely an administrative issue and she recommends issuing a COC. On a motion by Mr. Lynch, seconded by Mr. Mansour, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242- 148. 242-792 Environmental Monitor Report — Woodlea Village (Leah Basbanes) The Ashwood Companies purchased this subdivision off of Mr. Grifoni and will be finishing the remainder of the work. Leah Basbanes has been designated as the new Environmental Monitor and she, along with Carl Kasierski from Ashwood Companies, are present this evening. Ms Basbanes stated she re-flagged the wetlands and the restoration area at the end of the cul-de-sac has been staked out but not re-planted yet. That will be done when the materials can be delivered. Mr. Manzi stated to Ms Basbanes that previously there have been many problems with setbacks and errors in the field and he wants her to have a heads up, meet with Ms. Martin and manually check the flags and pull tapes. Hay bales should be around the catch basins in the street The Cease & Desist on lots 7 through 11 is still in effect. Mr. Kasierski stated that he will be coming in for permits on those lots soon Ms. Basbanes was told that an Environmental Monitor report will be due the second meeting of every month until further notice. Applicant to return on March 24, 1999 Enforcement OrderNiolation — Sewer Connection (Anthony Curro) Anthony Curro and the homeowner, Joseph Mora, are present this evening. Mr. Curro called the office on February 9`h regarding the sewer line Tim Willett and Ms Martin visited the site and discovered the sewer line was already installed, it is very close to the wetlands and Mr Curro did not file for a Notice of Intent. Ms. Martin sent a violation notice with a $200 fine to Mr. Curro via certified mail with a copy to the homeowner. Mr. Curro did not respond to the mailing, however, the homeowner stated he told him of the violation letter. Ms. Martin, Mr. Manzi and the homeowner walked the site and determined the work is within 10' of the wetlands. It was noticed that some debris was knocked into the resource area, several thousand feet of alteration was disturbed and things are "loose" at the site. Mr Manzi stated a silt fence with hay bales needs to be installed immediately and loose hay placed over the area to help stabilize. There is an intermittent stream present, but to move the line would penalize the homeowner. Mr. Mansour asked why the line was put where it was and Mr Curro stated that, first of all, he doesn't reside at 54B Water Street where the certified letter was sent The address to use for mailing purposes to him is- 52 Clark Road, North Andover. The stub was placed on the side of the house that happens to be near the wetlands. Mr. Curro was told he should have called Ms Martin. Mr. Manzi stated the workmanship bothers him. Mr Curro stated when he excavated it was a muddy day and the backhoe slid Mr Mansour stated he has a problem that if Ms. Martin authorized installation on one side of the house and you went ahead to the other side! Mr Manzi told Mr Curro that tomorrow morning he should install the hay bales and silt fence along the entire length and install hay on top of the whole areal Mr Lynch expressed concern about the telephone call instead of a visit and feels the date of the infraction was 2/1/699. Ms Martin stated she never signed off on a Form U, but told Mr Curro to bring it to the office Mr Lynch is suggesting a $200 a day fine until the Commission has compliance in terms of stability (if controls are in place) Mr. Mansour stated that if the sewer installation was where Ms. Martin wanted it, there would have been no problem) Mr. Masse read Mr Howard's recommendation that the sewer line be moved asap and a Notice of Intent be filed Mr Masse made a motion to assess fines of $200 a day beginning 2/16/99, issue an Enforcement Order mandating Curro Construction Co. to dig up the sewer line and the fines to run until a complete NOI is filed Mr Lynch seconded the motion for discussion only and asked what happens to the house during this? Mr. Morra stated the tank has been crushed already and Mr Manzi stated the existing line wouldn't be removed until the new NOI is filed. Mr. Mansour suggested capping and abandoning then a new NOI. Mr. Curro stated you can't go into the street until springtime! Ms Martin stated that for each sewer connection Mr. Curro does he should file a Notice of Intent. Mr. Curro admitted he made a mistake and he is looking for forgiveness and a second chance. Mr. Mabon stated he wouldn't support the motion as is, but suggests filing an NOI for work already done. Mr. Morra stated that filing an NOI for a new line doesn't make sense to him! The vote on Mr. Masse's motion was 1-5- 0 therefore, the motion failed. It was discussed that the fines could total $6,000 all told Mr. Mabon made a motion to leave the Enforcement Order dated 2/10/99 in place and the applicant to file a Notice of Intent to cover the existing installation of the sewer tie in and a $200 a day fine beginning 2/16/99 and continuing until a complete NOI is filed. The motion was seconded by Ms. Wescott and the vote of the Commission was 5-1-0. 242-721 Bond Reduction Lots 3,4,5,E & 7 Pinewood Estates (Evergreen Mgmt) Tom Hurley and Tom Mannetta are present this evening Ms. Martin stated that Replication Area "B" has completed two growing seasons. A final status report from Geoff Andrews indicating the % of wetland plants inhabiting the area will be necessary. Replication Area "A" was constructed in the fall of 1998, but this area must complete two full growing seasons and will be eligible in the fall of 2000. Lot 2 is unstable, it was hydroseeded in late November early December and the total bond is $60,000 Ms Martin recommends release of $15,000, $3,000 per lot. On a motion by Mr Masse, seconded by Ms. Wescott, the Commission voted 5-1-0 (Mr Lynch voted in the negative) to release $15,000. 242-696 Bond Reduction Great Pond Rd, Marbleridge Road (Evergreen Mgmt) An OOC was issued on 10/21/94 authorizing construction of a 5 lot subdivision in the watershed. Three houses (lots 3, 4 & 5) along with a portion of the driveway are located in the buffer zone. Lots 1 and 2 are non jurisdictional All of the homes are just outside the 100' mark so the 50' No Construction Zone has been met on all lots The total bond is $15,000 and Ms. Martin recommends release of $9,000. On a motion by Mr. Mansour, seconded by Ms Wescott, the Commission voted unanimously to release $9,000 of the bond money Filing Fee Expenditure/Conservation Administrator ad in Boston Globe $796.25 Mr Mansour made a motion to authorize the expenditure of $796.25 to cover the cost of the ad in the Boston Globe. The motion was seconded and since the vote was 0-6-0 the motion failed and the invoice will not be paid out of the Filing Fee Account Public Hearings (8:00 p.m.) Continued Discussions 242-784 Modification —Abbott Village Est (No Andover Land Corp) cont fr 2/3/99 Ben Osgood, Jr is present this evening. Mr Howard stated in his recommendations that the drainage reviews are complete Mr Lynch marked up the modification for the record plan The applicant was told there is not enough money in the escrow account and he should take care of this with the Conservation Office Mr. Masse stated that since the public hearing was re-opened it must be closed and a decision written within 21 days. On a motion by Mr. Masse, seconded by Ms. Wescott, the Commission voted 5-0-1 (Ms. Wescott abstained) to close the public hearing and issue a decision within 21 days. Request for Determination of Applicability Rte 114, Saville Street, Map 210, Parcel 98, Lot 5 (West Environmental) Mark West is present this evening and stated no work is proposed whatsoever, the applicant just wants to delineate the wetlands. There are two isolated wetlands present and they have been flagged Mr Manzi stated he spoke with Mr. Howard today and he did confirm the wetland line Mr. Lynch made a motion, seconded by Ms Wescott, to issue a Positive Determination of Applicability referencing flags 1 through 32. The vote of the Commission was unanimous. Notice of Intent(s) 242-931 Lot 4N Berry Street (One Hundred Fourteen Trust) cont fr 1/6/99 Peter Hingorani is present this evening and gave proof of mailing to the Commission. Because of the long continuance the applicant had to re-advertise and re-notify the abutters. Mr. Hingorani submitted a letter to the Commission stating that John Chessia's review is complete, but he will not be able to write a confirmation letter until next week Due to that, Mr. Hingorani is requesting a continuance until the March 3, 1999 meeting. There were several abutters present expressing concern regarding the land and how it is getting built up. Mr Manzi stated to them that their questions are better directed at the Zoning Department. Frank Dioreo stated that he thinks there is a heron rookery on the property. Ms Martin will do a site visit. On a motion by Mr. Lynch, seconded by Ms Wescott, the Commission voted unanimously to continue the public hearing until March 3, 1999 242-945 Salem St, Map 65, Lot 14 (The Sanctuary) Merrimack Eng cont fr 1120199 John Soucy is present this evening and stated that they are still working with John Chessia and DPW and are requesting a continuance until March 24, 1999. On a motion by Ms. Wescott, seconded by Mr Mabon, the Commission voted unanimously to grant the continuance, but stated to Mr. Soucy that they must re- advertise. 242-947 Winter St, Bridle Path, So Bradford St, Timber Ln (Guertin) cont fr 2/3/99 Ben Fehen is present this evening, however, there was some confusion regarding the four outstanding issues and Mr. Fehen did not have the information, therefore, he asked for a continuance until March 3, 1999. Ms. Martin was instructed by the Commission to write a letter to DPW suggesting they don't release the bond money for contract 3B. Also, Ms Martin is to write a letter to DPW regarding Anthony Curro. 242-948 500 Great Pond Road (No Andover Country Club) Dewsnap Eng Assoc Paul Dewsnap is present this evening and stated that Richard Hornidge is on vacation. Mr. Dewsnap stated that Mr. Hornidge has met with Mr. Howard many times regarding this The applicant wants to pave an existing parking area within the Buffer Zone of a Bordering Vegetated Wetland. After reviewing the plans, Mr Lynch stated that the retention area you chose is soaking wet and asked Mr. Dewsnap what kind of storage are you going to have? Mr Lynch is concerned about a perched water table and is requesting a hand auger be used. An abutter was present and stated that the brook is on his property and he is very concerned about the flow of water being changed. Mr. Lynch wants enough supporting information to be sure the water doesn't sheet flow across the road under high water conditions. On a motion by Mr Mabon, seconded by Ms Wescott, the Commission voted unanimously to continue the public hearing until March 24, 1999 and stated to Mr. Dewsnap the applicant must re-advertise. 242-949 Sutton Street — Map 7511 (Northeast Storage Corp) Christiansen & Sergi Dan O'Connell is present this evening and gave proof of mailing to the Commission Mr. O'Connell stated the applicant has a 45 year lease on the property and it has a driveway going through it. There is a culvert under the driveway and an intermittent stream to the rear of the property. There are four storage buildings proposed, three are one story and one is two story, all with parking. Erosion control will be placed along the 25' no cut line and two detention areas are proposed. Mr. Joseph Albert, an abutter, expressed concern about flooding in his cellar and it was explained to him that the ground water could not have an effect on him The applicant was given a choice to select from three outside consultants, but they chose Coler & Colantonio. On a motion by Mr. Mansour, seconded by Mr Lynch, the Commission voted unanimously to establish and escrow account in the amount of $3,000. On a motion by Ms. Wescott, seconded by Mr Mabon, the Commission voted unanimously to continue the public hearing at the March 24, 1999 meeting. Adjournment: On a motion by Mr Mabon, seconded by Ms. Wescott, the Commission voted unanimously to adjourn the meeting