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HomeMy WebLinkAbout1999-08-04 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room August 4th 1999 Members Present Albert P Manzi Jr. Chairman, Scott Masse,Vice Chairman, Joseph Lynch, Deborah Feltovic, Beth Wescott, Robert Mansour. Staff Present Richelle L Martin, Conservation Administrator, Brian LaGrasse, Conservation Associate, Karen A Fitzgibbons, Secretary The meeting was called to order at 7:15 p.m. MINUTES: May 19, 1999 June 2, 1999 June 16, 1999 June 16, 1999 ex sessions The above listed minutes were moved to the end of the evening GENERAL BUSINESS: 242-905 COC Lot 14 #101 Rocky Brook Road(Steve Breen) (Neve Associates) This OOC was issued on 5/7/98 authorizing the construction of a single family dwelling within the Buffer Zone of a BVW,Riverfront area and BLSF 25/50' setbacks were mandated and met,the deck is 51' from the closest wetland flag,the office is in receipt of a letter from a P E and stamped as-builts certifying compliance with the OOC Mr LaGrasse visited the site on July 29`h, has no issues and recommends issuing a COC. On a motion by Mr Lynch, seconded by Ms Feltovic,the Commission voted unanimously to issue a COC for DEP 4242-905 242-918 COC Lot 13 Hitching Post Road cont fr 7/21/99 This item was continued from the last meeting because the as-builts did not show a foundation drain The as-builts dated REV 7/26/99 have been submitted and have the foundation drain on them. The drain is not in the 25' No Disturbance Zone Mr LaGrasse visited the site on July 151h, has no issues and recommends the Commission issue a COC On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a COC for DEP #242-918 242-964 345 Berry Street Minor Mod to OOC (Hancock Env) cont fr 7/21/99 This request was continued from the 7/21/99 meeting because of the applicant's request to keep the existing pavement behind the approved garage The plans dated REV 7/22/99 depict the existing pavement behind the proposed garage being removed as previously approved. The minor modification request is for an 8' x 34' farmer's porch along the front of the house On a motion by Ms Feltovic, seconded by Mr Masse,the Commission voted unanimously to issue a minor modification referencing the plan of record dated REV 7/22199 242-140 PCOC Lot 27 Vest Way (Morris, Rossi & Hayes) This OOC was issued on 1/6/82 authorizing the construction of four houses, grading, and necessary appurtenances, etc on lots 12A, 41, 42 and 43 within the Buffer Zone of a BVW. Lot 27 was not included as part of this filing. Mr. LaGrasse visited the site on July 29`h,there are no violations and it is just an administrative issue On a motion by Mr Lynch, seconded by Mr Masse, the Commission voted unanimously to issue a PCOC for DEP #242-140 242-095 PCOC Lot 27 Vest Way(Moms, Rossi & Hayes) This OOC was issued on 3/4/81 authorizing the construction of a roadway, grading, necessary appurtenances, drainage structures, etc within the Buffer Zone of a BVW Mr. LaGrasse visited the site on July 29`h, there are no violation and it is just an administrative issue On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a PCOC for DEP #242-095 lot 27 ONLY 242-574 COC Lot 7A Candlestick Road(James Grifom) Mr Grifom was present and was asked if he wanted to proceed with his request for a COC The reply was "yes, I'd like to " Mr Masse made a motion, seconded by Mr Lynch, to deny the request for a COC as per page 35 of the regulations,the Commission has proof that the applicant withdrew the balance of the bond money from the bank and has not replaced it! The vote of the Commission was unanimous Mr Manzi stated that legal action has been taken against the applicant 242-683 Ratification of Enforcement Order Foxwood Subdivision Ms Martin stated the previous Enforcement Order did not have a deadline, so another one was issued mandating the submittal of a hydraulic analysis and appearance before the NACC on 8/18/99, with results This new Enforcement Order needs to be ratified Mr. Manzi stated that when Foxwood was before us under an NOI filing they promised they would have zero post construction runoff. Their engineer said they would The system is not working and the last time there was 1/2"of ram,there were still problems Mr Lynch suggested, and Mr Manzi agreed, that the Commission Office should notify all the homeowners of this action making it clear the applicant has until August 18`h to give the Commission plans for fixing the problems The Commission instructed Ms. Martin to send a letter of instruction to the applicant stating in lieu of appearing before the Commission on the 18`h,just send the plans directly to Coler& Colantonio. On a motion by Mr Masse, seconded by Mr Mansour,the Commission voted 5-0-1 (Mr Lynch opposed)to ratify the Enforcement Order Ms Martin to send a subsequent letter to the applicant stating they are not to appear before the Commission on August 18th 242-721 Ratification of Enforcement Order Pinewood Subdivision Ms Martin stated an Enforcement Order was issued mandating the submittal of a hydraulic analysis and appearance before the NACC on 8/18/99, with results. This EO needs to be ratified this evening No escrow account is posted for review Mr Manzi stated that Mrs Rockwell's front lawn is inundated with yellow soil every time it rains' Mr Manzi further stated that the Commission allowed the applicant to use the replication area as their sedimentation catch basin for two years -- and they still have not complied! The Commission ratified the Enforcement Order, and on a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to instruct Ms Martin to send a letter to the applicant stating they need not appear on the 18tn 242-881 Ratification of Enforcement Order Lot 2 Turnpike Street and 242-880 Ratification of Enforcement Order Lot 3 Turnpike Street Mr LaGrasse stated that prior to the heavy rain event they were in compliance and when notified of the violations the applicant cleaned up the properties On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to ratify the two Enforcement Orders. Ratification of Enforcement Order Stevens Street(DPW) Ms Martin stated she drove by the area and found that DPW has completely destroyed the vegetation) An Enforcement Order was issued giving DPW until 9/21/99 to restore the area On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to ratify the Enforcement Order Ratification of Enforcement Order Lot 4#20 Abbott Street Mr Manzi stated that on July 17, 1999 he made an observation on this lot and saw Mr Sawyer mowing right up to the very edge of the stream and he also took the stone wall downs Mr Manzi stated he now wants a stone wall installed from corner to corner It was stated that when Mr Sawyer purchased the property he did not understand the implications of the No Disturbance Zone, so Mr. Masse spent quite a bit of time educating him On a motion by Mr Lynch, seconded by Ms. Feltovic,the Commission voted unanimously to ratify the Enforcement Order. 242-956 Modification to OOC Campbell Forest—Webster Woods(R. Martin) Ms Martin stated this OOC was issued on May 19, 1999 authorizing construction of a new single family home created by a lot line change Lot 8A was created and lots 8 and 9 changed their location Lots 8 and 9 were covered under the Campbell Road Subdivision file and already have $3000/lot included in the subdivision bond By error,Ms Martin charged the applicant$9000 ($3000/home) for a bond associated with this filing Condition#46 shall be modified to read"A check payable to the Town of North Andover shall be provided in the amount of$3000 which shall be in all respects satisfactory to Town Counsel " The applicant has already posted the bond for lot 8 and 9 with Campbell Road Subdivision(242-816) Ms. Martin is asking the Commission to accept this as an administrative error and approve it as a Modification to DEP 242-956 On a motion by Ms Feltovic, seconded by Mr Masse,the Commission voted unanimously to approve the Modification to DEP #242-956 Public Hearings (8:00 p.m.) Request for Determination of Applicability 230 Abbott Street Map 38, Lot 108 (Manol Mun3al) (N E Engineering) Ben Osgood,Jr is present this evening and proof of mailing was given to the Commission The project is for a new septic system within thel00' Ms Martin stated that she and Brian reviewed the delineation, changed a few flags and added about 101 Mr Osgood is asking the Commission to grant a continuance until the 18`h so he can have time to determine exactly where the wetlands are On a motion by Mr Mansour, seconded by Ms Feltovic,the Commission voted unanimously to grant the applicant's request for a continuance until the August 18`h meeting Notice of Intent(s) 242-966 351 Willow Street (Bake `n Joy Foods)Neve Assoc cont fr 717199 Jim Bourgeois is present this evening Ms Martin stated that Patrick Seekamp added 2 wetland flags which are now on the plan The project went out to John Chessia for review, he has responded and now the applicant is requesting a two week continuance for their response. There is dumping of grass clippings and seed 10' to the resource area and an Enforcement Order should be issued On a motion by Mr Mansour, seconded by Mr Masse,the Commission voted unanimously to grant the continuance until the August 18`h meeting and to instruct Mr LaGrasse to issue an Enforcement Order for DEP #242-966 Also, Ms Martin will review the previous record drawings. 242-968 740 Turnpike St (Atlantic Realty Trust) Merr Eng cont fr 717199 Bob Daley is present this evening requesting a continuance until the August 18, 1999 meeting There are no abutters present Mr Lynch stated the design aspect of the drainage is similar to Stop& Shop and they aren't doing what they are supposed to do! Mr Lynch expressed concern that it is the same developer and they have failed at Stop & Shop,they can't maintain the subterranean storage and he's not going for rtl The applicant should have submitted information a long time ago for Stop& Shop. Mr. Masse stated it doesn't make any sense to continue if the plan does not work' Mr. Mansour stated this filing must be treated as a separate issue It was suggested the public hearing be continued to allow John Chessia's review and a bullet proof Operation and Maintenance Plan will be necessary Ms Wescott stated we must be sure the systems work. Mr Masse expressed concern regarding two weeks being enough time for a continuance and Mr Daley said yes On a motion by Ms Feltovic, seconded by Ms. Wescott,the Commission voted 5-1-0 (Mr Lynch opposed)to grant the applicant's request for a continuance until the August 18, 1999 meeting. 242-973 Lot D Mill Road(J T & C Const Corp) (New England Eng) cont fr 7121199 Ms. Martin stated that due to an advertising error we could not open this public hearing at our last meeting and just to refresh the Commission's memory, the driveway only is within the Buffer Zone Mr Osgood has addressed Ms. Martin's concerns and now must address John Chessia's Mr Osgood is present and proof of mailing was given to the Commission Helen Kellner, an abutter, is also present Mr Osgood stated the property is near the intersection of Chestnut Street, the hydraulic calcs are done and the drainage flows off of Toll Brothers property The calcs and drainage scheme reflect the 2, 10 and 100 year storms A detention basin is proposed up at the front of the house—created a berm and then down a swale near the driveway with check dams every 100' There is a grass swale proposed at the end of the last check dam Mr Osgood stated he feels they have shown they are not increasing runoff toward the culvert in the total Fiber mesh erosion control will be used Mr Osgood asked if test pits were necessary as he hates to waste anyone's money Mr Lynch stated that all the analysis in the world will not tell us anything,the applicant is telling the Commission they will do their best, but it comes down to do we believe it? Mr Osgood stated that is you maintain and keep after the site it will work Ms Wescott expressed concern about whether a homeowner will be diligent in his effort, this is a complex, difficult site Mr Masse stated the applicant should comply with all of John Chessia's comments and no waivers will be granted Mrs. Kellner stated the culvert has overflowed many times without a house there I Mr Osgood stated there is a construction sequence in the package, we will use fabric if necessary and hay bales every night across the driveway Mrs Kellner stated that taking out trees at the top will only cause more runoffl The driveway area will be 100%constructed before the house is begun The applicant is requesting a continuance until 8/18/99 in order to respond to the consultant's comments On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to grant the request of a continuance until the 8/18/99 meeting 242-977 Lot.4 #28 Nadine Lane (Jay Healey) (West Environmental) Mark West is present this evening and proof of mailing was given to the Commission. The project is for a cantilevered deck with no excavation required The wetland line was delineated by Mr West and is accurate There is no installation of posts, sono tubes or footings associated with this filing,therefore, no erosion control is needed There are no abutters present The project is simply the expansion of a deck with no impact to the resource area, Ms Martin stated she has no issues and 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 242-978 Lot 5 #50 Wild Rose Drive (Susan Blane) (Wetlands Pres, Inc) This project is for the construction of a deck within the Buffer Zone to a Bordering Vegetated Wetland The lot was created prior to August 9, 1996 and is exempt from the Riverfront Act The deck is proposed 70' from the edge of the wetland and the wetland line was confirmed by the Conservation Dept No work is proposed in the No Disturbance Zone Martha Reinhart, WPI, is present this evening with revised erosion control plans One sono tube and three hay bales will be necessary There are no violations on the property There are no abutters present Mr Mansour pointed out that the plan of record does not show the 50' no construction zone Ms Reinhart is requesting a two week continuance On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to grant the applicant a continuance until the August 18, 1999 meeting 242-975 Lot 7 Chestnut Street(Ralph Joyce) (Wetlands Pres, Inc) Martha Reinhart, WPI, is present this evening with revised plans Mr Manzi stated the plans should have been in the Conservation Office seven days prior to the public hearing Mr Masse stated he finds it completely unprofessional that Mr Christiansen was sitting here tonight and gave Ms Reinhart and the Commission no warning that the plans would only be given today) The Commission suggested Ms Martin contact Ms Reinhart tomorrow The applicant is requesting a continuance until the August 18, 1999 meeting. On a motion by Mr Mansour, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing at the August 18, 1999 meeting 242-976 Lot 8 Chestnut Street(Ralph Joyce) (Wetlands Pres, Inc) The applicant has requested a two week continuance On a motion by Mr Mansour, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing at the August 18, 1999 meeting Mr Masse made a motion to reconsider the action taken on DEP#242-975 The motion was seconded by Ms Wescott and the vote of the Commission was 5-1-0 with Mr Lynch opposed. Mr Masse stated that there are abutters present since 8 00 p in the engineer was here, knowing new plans were going to be submitted, and Ms. Reinhart had to take the brunt of the Commission's wrath Mr Masse made a motion, seconded by Ms Feltovic, to close 242-975 as being incomplete There was no vote taken Mr Lynch stated that if the applicant had gone forward with the old plans the Commission could have reviewed Mr Masse made a motion to deny the applicant's request to continue the public hearing Ms Feltovic seconded the motion and as the vote of the Commission was 3-2-0 to deny,the motion passed Mr. Masse made a motion, seconded by Ms. Feltovic, to close the public hearing and issue a decision within 21 days. As the vote of the Commission was 3-2-0,the motion passed and the public hearing was closed and a decision will be issued in 21 days Mr Masse made a motion to reconsider the action taken on DEP#242-976 The motion was seconded by Ms Feltovic and the vote was 3-2-0 to deny the applicant's request to continue the public hearing On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted 3-2-0 to close the public hearing and issue a decision within 21 days Decisions: 242-967 777 Great Pond Road Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Mansour, seconded by Mr Masse, the Commission voted 4-0-1 (Mr Lynch abstained)to approve, as drafted,the OOC for DEP#242-967 242-9691212 Salem Street Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr. Mansour, seconded by Ms Feltovic,the Commission voted 4-0-1 (Mr Lynch abstained) to approve, as drafted, the OOC for DEP #242-969 242-972 Chestnut Street Sewer Lane Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted 4-0-1 (Mr Lynch abstained) to approve, as drafted,the OOC for DEP#242-972 Discussion of leases on Town owned land (i a Mazurenko Farm) (R Martin) Ms Martin discussed with the Commission that fact that a couple of the farmers in Town owe some money She was instructed to inform them what they needed to do and if they don't comply, report back to the Commission. Adjournment: On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to adjourn the meeting.