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HomeMy WebLinkAbout1999-11-03 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room November 3, 1999 Members Present: Albert P Manzi,Jr, Chairman, Scott Masse, Vice Chairman, Joseph Lynch, Deborah Feltovic, John Mabon and Beth Wescott Robert Mansour was absent. Staff Present: Richelle L Martin, Conservation Administrator, Brian LaGrasse, Conservation Associate and Karen A Fitzgibbons, Secretary The meeting was called to order at 7:00 p.m. Minutes: August 18, 1999 September 1, 1999 October 6, 1999 On a motion by Mr Masse, seconded by Mr Lynch,the Commission voted unanimously to approve, as drafted,the above listed minutes General Business: 242-589 Memorandum of Understanding—Heritage Est. (D. Kindred)cont fr 10/20/99 Dave Kindred, Gary Kelloway and Mike Rosati are present this evening This item was continued from the last meeting to give the Commissioners a chance to review the information distributed at the last meeting Ms Martin stated that John Chessia and Atty. Urbelis reviewed the document and are satisfied, as is she Ms Martin is asking the Commission to tentatively approve the plans dated 5/28/99,REV 9/28/99 and the applicants are to appear before the Planning Board on 11/16/99 for their tentative approval If both boards approve the abutters will have to be notified giving at least 14 days notice of a public meeting for final approval It is expected the applicants will be back either the first or second meeting in December. Mr Lynch stated he is satisfied with John Chessia's review On a motion by Mr Masse, seconded by Ms. Feltovic,the Commission voted unanimously to adopt the Memorandum of Understanding referencing the plans dated 5/28/99 REV 9/28/99 Agricultural Use License—Richard Rogers Mr Rogers is present this evening and stated he would like to pursue another lease, however, he would like to re-negotiate the crop land section at some future time Mr Rogers will take the lease, read it, sign it, return it and submit the fees. Mr. Rogers stated the area is all grass hay right now Agricultural Use License—George Barker, Jr. Mr Rogers stated to the Commission that Mr Barker is in Florida, however, when he returns the end of November Mr. Rogers will update him Also, Ms. Martin to send another letter to Mr Barker outlining the concerns 242-962 COC 162 Abbott Street(Arthur Hanrahan) This OOC was issued on 6/2/99 authorizing replacement of a septic system within the Buffer Zone of a BVW Grading and erosion control was permitted at 16' at the closest point with 10 highbush blueberry shrubs planted as restoration of the Buffer Zone The Commission office is in receipt of stamped as-builts certifying compliance,the bond is $2000,the site is stable and there are no violations on site. Brian inspected the property on November 3`d and recommends the Commission issue a COC Mr. Hanrahan, former property owner, is present this evening On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted 5-0-1 (Ms Wescott abstained)to issue a Certificate of Compliance for DEP #242-962 242-721 Partial Bond Release Pinewood Subdivision(Evergreen Management) Tom Hurley is present this evening An OOC was issued on 1/23/95 authorizing construction of a roadway and subdivision along with underground utilities, affecting BVW The original bond was $60,000 with$15,000 being released on February 18, 1999 leaving a balance of$45,000 being held by the Town Replication area A was replanted in November '98 and has not been through 2 growing seasons Replication area B has been through 2 growing seasons A compliance inspection was performed on 11/3/99 and there are some areas of the shoulder and cul de sac that are unstable and wetland flags are missing The Conservation office is not in receipt of a letter certifying compliance Mr Manzi stated that he visited the site today and they are making progress, he checked the grass on the roadways,the fencing, replication area and the stability of the slopes on the right He expressed concern about top soil washouts and the transmission of silt into the detention area Mr Hurley stated they cleaned the silt out and any silt from the first three lots on the right comes down the hill and into the first detention pond Regarding condition#13, Mr Hurley stated that a fence is permittable with zoning, Tom Marietta will notify the abutters,the fencing has been purchased from Al McGregor and he will order the signs to be posted Mr Hurley stated the silt on the other two ponds has been cleaned out and Mr Manzi stated that will be made known over time Mr Lynch expressed concern regarding the slopes The punch list to Tom Hurley includes the slopes,the replication area next to lot#2 and condition#13 Based on Mr Manzi's and Mr Lynch's concerns regarding the slopes and the fact that the certification is not signed by a P E , Mr Masse made a motion to release $5,000 of the bond money leaving $40,000 to be held by the Town Ms Feltovic seconded the motion and the vote of the Commission was unanimous NACC #5 COC Lot 4 Pheasant Brook Road(John Fleury) An OOC was issued on 2/6/97 authorizing construction of a single family dwelling within the 100' buffer zone of a vernal pool The 25/50 were mandated and met,the house is 5 V from the closest wetland flag and the Conservation office is in receipt of a letter from a P E and stamped as-builts certifying compliance with the OOC Brian visited the site on November 3, 1999,there are no violations and he recommends the Commission issue a Certificate of Compliance On a motion by Mr. Lynch, seconded by Mr Masse, the Commission voted unanimously to issue a Certificate of Compliance for NACC #5 242-783 PCOC Lot 2 #44 Abbott Street(Ken Ahern) and 242-783 PCOC Lot 3 #32 Abbott Street(Ken Ahern) An OOC was issued on 2/8/96 authorizing construction of four-single family dwellings within the 100' buffer zone of a BVW The OOC expired on February 8, 1999,the original bond was $12,000 with$3000 being released on 1/7/98 and $3000 being released on 11/4/98 The Town is holding $3000 for lot 2 and $3000 for lot 3 Brian visited the site and it is not stable,there is an 8' x 18' area that is unstable and warrants the installation of erosion control Brian recommends the Commission deny the request for PCOC's Mr Masse made a motion, seconded by Mr Mabon, to deny the request for a PCOC for lot 3 The vote of the Commission was unanimous Also, regarding lot 3 Mr Masse made a motion, seconded by Mr Mabon, to issue an Enforcement Order to the homeowner and developer demanding they re-install the erosion control as designed in the OOC and not to remove until written permission is given by the Commission The vote of the Commission was unanimous Regarding lot 2, Mr Masse made a motion, seconded by Ms Feltovic, to deny the request for a PCOC The vote of the Commission was unanimous Enforcement Order-#20 Abbott Street Mr Manzi stated this all began with an Enforcement Order being issued in June of'98 There was written correspondence with the homeowner, Mr Masse personally spoke with the homeowner to be sure he understood the violations More violation occurred anyway The Commission initiated civil fines, with letters going back and forth from lawyer to lawyer There were settlement talks between Town counsel and private counsel with the Town's last offer being refused Mr. Manzi stated the Commission can take out a suit in district court, but district court doesn't recognize or understand wetland issues. The Commission could take out a superior court suit which means the Commission must go to the Board of Selectmen and ask them to take out the suit Mr Manzi stated that Tom Urbelis with this action. Mr Masse stated that civil action is usually how the Commission proceeds, but now we would be seeking a superior court action through the Board of Selectmen per section 178 10 D of the bylaw the request must be made by the chairman to the BOS to be placed on an agenda to have them take court action. Mr Lynch stated that in October of'98 the attorney general approved the North Andover Wetland Protection Bylaw The vote of the people of North Andover, passing the bylaw at the May 11, 1998 Town meeting, was YES 133 NO 45 warrant article#39 Mr Lynch further stated that we are not dealing with a homeowner that's lived in the house 30 years, this homeowner knew what he was buying into and this is deliberate! Decisions: 242-985 Lots A & B Forest Street Map 106A Parcels 81, 82 & 83 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 unanimously to approve, as drafted, the Order of Conditions for DEP 4242-985 Public Hearings (8:00 p.m.) Request for Determination of Applicability 25 Carriage Chase (Anthony Monteiro) West Environmental The applicant has chosen to withdraw without prejudice,therefore, this item will not be heard this evening There are no abutters present 115 Lancaster Road(Robert Mongell) West Environmental Robert Mongell is present this evening and proof of mailing was presented Mark West helped re-delineate the property and the proposal is for an in-ground pool outside the 50' No Construction Zone The silt fence is pretty much where the wetland line is and no trees will be cut down Chemicals will be stored in the garage and there is a de-watering plan Mr Masse made a motion, seconded by Ms Feltovic,to issue a Negative Determination of Applicability referencing plans dated 10/13/99, REV 10/26/99 with the following conditions 1 The erosion control to be installed in the location on the approved plan and 2 Applicant must schedule a pre-construction inspection with the Conservation Department The vote of the Commission was unanimous Notice of Intent(s) 242-988 Willow St Map 25 Parcel 4 (Holbrook Realty Trust) S Giles cont fr 10120199 Scott Giles and Lenny Annaloro are present this evening and Mr Giles gave proof of re- notification to abutter at 8 Bucklm Road, as requested by the Commission He also revised the plans depicting the missing flag and FEMA determination Ms. Martin visited the property and Mr Giles proposal to lay down a metal plank to access the site over the ditch is feasible in the field. The revised plans were brought into the office on l l/l/99,not seven days prior to the meeting Mr Masse made a motion, seconded by Ms Feltovic, to continue the public hearing until the 11/17/99 meeting because the applicant did not meet the 7 day requirement The vote of the Commission was unanimous 242-989 52 Laconia Circle (Bruce Letwin)Neve Associates cont from 10120199 John Morin is present this evening and stated the revised plans depicting the dewatering basin, soil stockpile area and storage of chemicals was delivered to the office the day after the last meeting There are no abutters present. 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-?2? 195 Olympic Lane (Jayavanth Shenoy)New England Engineering Ben Osgood,Jr is present this evening and proof of mailing was presented The proposal is for repair of a failed septic system and there is one abutter present. Mr. Osgood stated that the limit of work is 74' and the system will be 101' away from the wetlands Boston Brook is nearby and they will be working within 200' of riverfront, but septic repair is exempt from riverfront They are proposing to replace the system in exactly the same location Mr Osgood stated they are waiting for word from Natural Heritage. Mr Masse made a motion, seconded by Ms Feltovic,to grant the applicant's request for a continuance until the November 17, 1999 meeting The vote of the Commission was unanimous 242-991 Lot 9 #4 Willow Street(Channel Bldg) MHF Design Consultants, Inc) Mark West, Mark Gross and Steve Webster are present this evening Proof of mailing was given to the Commission Ms. Martin stated there are two Orders of Conditions on the property and Mark West gave handouts to the members regarding the history of the property There are no abutters present The first DEQE order was denied,the second Notice of Intent was given an OOC by a former Commission, but it is now expired. Mark Gross stated they were given a variance from the 50' front yard setback from ZBA and are filing a new NOI for this project and to clean up the property Ms Martin stated the lot was created prior to August 7, 1996 therefore grandfathering it from the Riverfront Act The applicant is providing the Commission with a recorded plan proving its creation from the Registry of Deeds Mr Gross stated they will use BMP's anyway, of course Mr West stated that an area that was previously filled is now actually a wetland and 400 sf of wetland was filled Mr West stated the direction from Rochelle was to try and correct the purple loosestrife Shrubs, phragmites have grown up and hydric soils and good hydrology is present If the plants are dug out there could be an reinfestation so Mr West suggests planting that grow fast with the loosestrife Mr Gross stated they received the variance and are proposing a two story office building,parking area,detention pond with the runoff collected in a closed drainage area There will be some areas of disturbance within the 25' no disturbance zone It was discussed that an escrow account should be established The applicant was offered the three bid process, but chose to waive it and will use Coler& Colantonio The applicant signed an agreement regarding this On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to establish an escrow account in the amount of$5,000 The vote of the Commission was unanimous Ms Martin will contact John Chessia about the issues The floodplain was determined by FEMA Mr Lynch cautioned Mark Gross about the floodplain Ms Martin wants erosion control shown on the plan,the distance from the building to the closest wetland flag and the location of the dumpster The snow stockpile locations are right on the 25' no disturbance so they will have to be moved or the snow trucked off site The parking lot goes up to the 25' so some sort of a fence or landscaping will be necessary Mr Masse made a motion, seconded by Ms Feltovic, to grant the applicant's request for a continuance until the December 1, 1999 meeting The vote of the Commission was unanimous The Commission discussed for some time the action taken by the Board of Selectmen at their recent meeting The selectmen voted unanimously to establish a two member committee (William Duffy and Keith Mitchell) for the review of items before any legal action can be taken by boards or commissions Mr Manzi stated there is no due process here and feels that in Executive Session the BOS discussed what they would do and at the public hearing there was little discussion and then they voted The selectmen do not know even who can enforce the Wetlands Protection Act? No other boards have anything in litigation so this action was directed at the Commission Mr Manzi further stated that not one selectmen even asked or called the office or asked any questions at all The Commission has no policy in hand yet from the selectmen and there is a meeting scheduled for November l Oth with the Town Manager, Scott Masse,the chairman of boards and Commissions and the newly created subcommittee of the BOS to inform us about the policy Mr Manzi stated that he and Scott Masse have spent a lot of their time in an effort to settle the litigation cases concerning Conservation and they have been very successful Also, Mr Manzi,Mr Masse and Ms Martin feel they save the Town a lot of money by going to court with violations at no charge to the Town Should this policy become effective it would hamper the Commission's ability to issue Enforcement Orders It was discussed whether the Commission should offer to the BOS that they re-consider the policy before the Commission takes further action On a motion by Ms Wescott, seconded by Ms Feltovic,the Commission voted unanimously to grant the BOS the chance to re-consider the policy Mr Manzi to write a letter to the BOS asking them to place the matter on the November 29th agenda The Commission discussed whether to authorize an expenditure of funds for a legal opinion Mr Lynch made a motion, seconded by Ms Feltovic,to authorize the expenditure of up to $2,000 from the Wetland Filing Fees Account for the purpose of obtaining a written legal opinion from Joel Bard The vote of the Commission was unanimous Adjournment: On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to adjourn the meeting.