HomeMy WebLinkAbout1999-04-07 Conservation Commission Minutes Conservation Commission Minutes
DPW Conference Room
April 7, 1999
Members Present: Albert P Manzi, Jr., Chairman, Scott Masse, Vice Chairman,
Joseph Lynch, Beth Wescott and Deborah Feltovic. John Mabon arrived at 7.10
p.m. and Robert Mansour was absent
Staff Present: Richelle L. Martin, Conservation Associate and Karen A. Fitzgibbons,
Secretary
The meeting was called to order at 7:00 p.m
Minutes:
March 3, 1999
On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted
unanimously to approve the minutes of March 3, 1999
General Business:
242-749 Discussion Harold Parker State Forest/Berry Pd Rd (Stuart Weinreb(DEM)
Stuart Weinreb is present this evening. Once again, Ms. Martin stated that she dug
deep through the file and found nothing to support Mr. Weinreb's theory and that
no point source discharges were referenced in the NOI (other than the catch basin
in the existing parking lot) Also, there is no correspondence in the file from Mr.
Howard approving these issues. The Commission took a few minutes to read a
letter faxed to Ms. Martin. Regarding the documents, Mr. Weinreb stated that
unfortunately after the appeal period expires DEP only keeps the Order of
Conditions on file. Mr. Manzi stated that the OOC expired 5/19/98 and the
discrepancy showed up when they applied for a COC. Mr. Howard is present this
evening and stated that in the 5 years he was the administrator the policy was with
modifications we were very specific about how we handled them and if plans have
his signature and they match the OOC that's it! A point source discharge into the
wetlands is a no brained Mr. Weinreb stated that they never asked for a
modification. Atty. Nick Vontzalides was present on behalf of DEM and spoke
about the plans not matching up and are adverse impacts occurring? Mr. Manzi
stated that history has shown us there usually is. Mr Masse made a motion,
seconded by Mr Lynch, to deny the COC request. The vote of the Commission was
unanimous
242-792 Environmental Monitor Report — Woodlea Village (Leah Basbanes)
Leah Basbanes is present this evening and stated that stockpiling was removed on
lots 7 through 11. The grass swale is in the wrong spot and the hay bales need to
be re-located Ms Basbanes stated she will be present during this. The record
drawing is correct but what's in the field isn't. There are extra hay bales on site.
Ms Martin stated the erosion control should be staked out before relocating and Ms.
Basbanes agreed. Ms Martin stated she wants to re-inspect lot 7 The Cease and
Desist has not been lifted yet on any lots Ms. Basbanes to appear at the May 5,
1999 meeting.
242-792 Modification to OOC — Woodlea Village (Ashwood Companies)
Ms. Martin stated this modification request is for reconfiguration of the remaining
homes (lots 7-11) to be built and decks to be constructed. Each lot meets the 50'
No Construction Zone and the plans accurately depict what was approved and what
is proposed this evening. The $50 fee was submitted. Ms. Basbanes is also present
for this modification and after reviewing the plans the Commission told her to be
very careful the proposed decks are very close to the 50'. Ms. Wescott expressed
concern about more runoff since the homes appear larger and substantially different.
Mr Manzi expressed concern regarding whether this should be a modification or a
new NOI. Mr. Lynch would like to see grading on the lots and Ms. Basbanes stated
that Carl K didn't think the grading would change Mr Lynch stated we are on a
slippery slope here Mr Manzi suggested the applicant file an amended OOC Mr
Lynch and Ms Wescott would like more information on the plans. Mr. Masse made
a motion to deny as the applicant failed to show changes are minor or insignificant.
The motion was seconded by Ms. Feltovic and the vote of the Commission was
unanimous. The Commission suggested that the applicant file an amendment to the
OOC and that the new plan be done at the same scale as the other plan. Ms.
Basbanes was given a heads up that the applicant should consider requesting an
extension to the OOC. There are no abutters present.
242-593 PCOC 160 Colonial Avenue - lot 6 Wagon Wheel Estates
This OOC was for construction of a 12 lot subdivision including homes and
necessary appurtenances The bond is $3,000, the mandated setbacks were met
and the office is in receipt of a letter from a P.E. and stamped as-builts certifying
compliance with the OOC The home and septic system are entirely outside the
Buffer Zone and the site is stable Ms. Martin has no issues and recommends the
Commission issue a PCOC and release the bond money. On a motion by Mr.
Masse, seconded by Ms Wescott, the Commission voted unanimously to issue a
PCOC and release the $3,000 bond for DEP #242-593.
242-848 Modification to OOC 85 Laconia Circle (William Engstrom)
An OOC was issued on 2/6/97 authorizing construction of a SFH, driveway, septic
system, utilities and grading within 100' of a BVW. This proposal is for an inground
pool and deck and they both meet the 50' No Construction Zone. The concrete
patio is outside the No Construction Zone and there is a proposed dewatering basin.
Ms Martin stated there is a proposed chain link fence that slightly encroaches into
the No Construction Zone at 48', but will not adversely effect the BVW. Mr. Manzi
stated that typically the Commission asks for mitigation in situations such as this and
is suggesting some planting along the erosion control line to be done at the
direction of the administrator. The homeowner stated the chemicals will be stored
in the basement. Mr. Mabon made a motion, seconded by Mr Lynch, to issue the
modification. The vote was 4-1-1 (Mr Masse not in favor and Ms. Feltovic
abstained).
242-816 Modification to OOC Campbell Forest Sub (West Environmental)
The Commission decided to hear this application later in the evening when the NOI
#242-956 Campbell Road will be heard.
242-912 Enf Order/Ratification lot 21A Beaver Brk Rd (Al Couillard/DECM Essex)
Ms Martin issued an Enforcement Order & Cease & Desist a couple of weeks ago.
Also a fine of $100 was imposed and the applicant was instructed to submit
foundation plans, submit monthly progress reports, replenish stockpile of haybales,
and re-install silt fence. Ms. Martin informed the Commission that Mr. Couillard has
complied with the Enforcement Order in a 24 hour turn around time! Ms. Basbanes
stated she has been out to the property and everything has been done to her
satisfaction and she will be giving monthly status reports. On a motion by Mr.
Lynch, seconded by Ms. Feltovic, the Commission voted unanimously to ratify the
Enforcement Order issued by Ms Martin.
242-913 Enf Order/Ratification Lot 20 Beaver Brook Rd (Joseph Barbagallo)
Ms Martin issued an Enforcement Order ordering Mr Barbagallo to replace
haybales in one area near the driveway, put DEP sign up, obtain a stockpile of 20
haybales and submit a monthly progress report. Apparently it was Mr. Barbagallo's
agreement with the homeowner to just build the home and the owners would be
responsible for the rest Ms Martin met with Mr. Eagan, the homeowner, and
explained to him what needed to be done by the end of the day today. Ms Martin
stated the only non-compliance left is the written status report. The loaming and
seeding will be done. On a motion by Mr. Lynch, seconded by Ms. Feltovic, the
Commission voted 5-0-1 (Mr Mabon abstained) to ratify the Enforcement Order.
Public Hearings (8:00 p.m.)
Incomplete Applications*
242-957 Lots 23B & 24B Rocky Brook Road (Neve Associates)
This was an incomplete application and will not be heard this evening. There are
no abutters present.
Request for Determination of Applicability
492 Sutton Street — US Post Office (Dames & Moore) cont fir 3/24/99
This was continued from the last meeting due to concerns with whether or not this
particular filing is subject to the Bylaw. Town Counsel (Tom Urbelis) has concluded
that the applicant is indeed EXEMPT from the Town's Bylaw therefore the only
review can be under the Act There is a letter from Atty Urbelis dated 3/31/99
rendering his opinion. Also, evidence has been forwarded that the ILSF area does
not function as a vernal pool. Michael Laverdia, U.S. Post Office, stated they are
proposing a 20,000 sf building and are not disturbing any property within 45' of the
wetlands and within 75' of parking. There are no abutters present Mr. Lynch
stated there seems to be no threat of impacts that he can see. It was discussed
whether it is necessary to have a pre-construction meeting. Mr. Lynch made a
motion, seconded by Ms. Feltovic, to issue a Negative Determination of
Applicability
With the following conditions.
1. Erosion control (silt fence and staked haybales) to be installed per Plan of
Record dated 1/15/99.
2. Pre-construction inspection with the Conservation Administrator
3. Snow stockpiling will be prohibited for a length of 150' adjacent to
employee parking lot and in front of ILSF area In addition, permanent signs
stating "Snow Stockpiling Prohibited in this Area" will be posted at 50'
intervals These signs are subject to review and subsequent approval by the
NACC or agent thereof
The vote of the Commission was unanimous
Notice of Intent(s)
242-949 Sutton St Map 7511 (N E Storage Corp) Christiansen & Sergi cont fr
3124199
Phil Christiansen is present this evening and revision plans were delivered to the
Commission office yesterday (April 61h) therefore, Ms Martin has not had time to
review them Also, they were sent to John Chessia for his review and his turn
around time is generally two weeks. On a motion by Mr. Masse, seconded by Mr
Lynch, the Commission voted unanimously to continue the public hearing until
4/21/99 As a point of information, Mr. Christiansen told the Commission that some
of Mr. Chessia's comments seem to be getting way off base. The Commission
instructed Ms. Martin to inquire why comments are not applicable to the site and if
a subordinate did the work, that is not acceptable.
242-952 240 Charles St, Map 75, Parcel 1 (GLSD) CDM cont fr 3124199
Mike Vissichelli, Mike Walsh and Mr. Hogan are present this evening. The
Commission is looking for proof of mailing, however, the applicant could not
produce the white slips, only 2 green cards. The applicant stated they sent
information overnight to Natural Heritage, but had no proof with them tonight. Ms.
Wescott and the Commission want the white slips and proof of mailing to Natural
Heritage in the Commission office tomorrow. Mr Walsh stated that with the
proposed update to the facility it would reduce the truck traffic from10 to 12 trucks
a day down to 1 or 2. As North Andover is the host community they would benefit
from the reduced traffic. Work is proposed in the existing building, a new parking
lot is planned, construction of a drainage ditch and tying in to an existing one is
planned. There will be slight increase fows into the ditch Mr Vissichelli stated
that catch basins with head caps will help with stormwater. The applicant will be
looking for a waiver from the 50' no construction zone Hay bales and silt fence are
shown on the plans No work is proposed in the wetlands, but 4 buildings are
proposed in the no construction zone. Mr Manzi asked if the applicant,is
proposing any replication for the waivers and Mr. Mabon asked what is the nature
of the wetland areas and the applicant stated they are all drainage areas Mr Lynch
asked about collecting stormwater runoff and where it goes. It goes to overland
flow, the applicant pumps into tanks and then out so no discharge to the wetlands.
Mr Manzi stated that a third party review is mandatory for this filing and Mr. Lynch
stated the scope of review is beyond John Chessia and he is concerned about the
potential damage to the wetlands. Mr. Manzi and Mr. Masse expressed concern
that the applicant is looking for 20' waivers. Ms. Martin asked the applicant if they
did an alternative analysis and was told there is no where else to put the structures
The applicant is looking for a 20' waiver for the structures from the 50' no
construction zone Ms Martin stated the Commission needs a written alternative
analysis for the record Mr. Lynch stated to the applicant that you must explore an
alternative analysis or you are fighting an uphill battle for the waivers. Mr Manzi
stated the wetland line must be determined and reviewed and the applicant must
establish an escrow account to pay for the delineation. On a motion by Mr. Lynch,
seconded by Ms. Wescott, the Commission voted unanimously to have the
applicant establish an escrow account in the amount of $1,000 in order to hire
Patrick Seekamp for the wetland delineation Plans for a site walk will be made at a
later date. The applicant is requesting a continuance until the April 21, 1999
meeting On a motion by Mr Lynch, seconded by Mr. Masse, the Commission
voted unanimously to grant the continuance until April 21, 1999.
242-816 Modification to OOC Campbell Forest Sub (West Environmental)
Mark West is present this evening and stated a new lot has been purchased to add
to the existing subdivision and the rest of the land 20 plus acres will be deeded to
the Town. On a motion by Mr. Lynch, seconded by Ms Feltovic, the Commission
voted unanimously to issue the Modification to the OOC referencing the plan dated
1/27/99 Revised 3/29/99 and noting there exists lot #14 that is to be deeded to the
Town.
242-956 Campbell Rd LLC (West Env) Webster Woods Ln (aka Joanne Dr)
Mark West is present and since there are no abutters the applicant stipulates to the
reading of the legal notice and presented proof of mailing to the Commission Mr.
West stated that the boundary was previously approved and does not have to be re-
examined. Mr Lynch stated the Commission should re-evaluate the line or have
Ms. Martin locate the plan Ms Martin looked through the file, but was unable to
locate the plan. (Mr. Manzi left for work and Mr. Masse took over as chairman for
the remainder of the meeting). On a motion by Mr. Lynch, seconded by Ms.
Wescott, the Commission voted unanimously to establish an escrow account in the
amount of $500 for the purpose of determining the wetland line, if needed On a
motion by Mr Lynch, seconded byVr. Mabon, the Commission voted unanimously
to continue the public hearing until April 21, 1999
Decisions:
242-948 500 Great Pond Rd (No Andover Country Club) Dewsnap Eng
Ms. Martin had a draft OOC prepared for the Commission's review On a motion
by Mr. Lynch, seconded by Ms. Feltovic, the Commission voted unanimously to
approve, as drafted, the OOC for DEP #242-948
242-931 Lot 4N Berry Street (One Hundred Fourteen Trust)
Ms. Martin had a draft OOC prepared for the Commission's review. On a motion
by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to
approve, as amended, the OOC for DEP #242-931
242-951 492 Sutton Street (Dufresne-Henry) Lawrence Municipal Airport
Ms. Martin had a draft OOC prepared for the Commission's review. On a motion
by Mr. Lynch, seconded by Ms Feltovic, the commission voted unanimously to
approve, as drafted, the OOC for DEP #242-951.
Ms. Martin stated to the Commission that Bill Scott, Director of CD & S, is
requesting that the Commission authorize Ms. Martin to write a letter regarding the
list of streets going forward for acceptance at Town Meeting. Ms. Feltovic made a
motion, seconded by Ms. Wescott, to authorize Ms. Martin to write a letter
regarding the proposed street acceptances
Regarding Foster Farm, Mr. Martin told the Commission that Rick Paquette
presented a two book document and plans on the work he has completed for Foster
Farm The Commission took a few minutes to examine the work and were pleased
with the outcome
Adjournment:
On a motion by Ms Feltovic, seconded by Mr. Lynch, the Commission voted
unanimously to adjourn the meeting