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HomeMy WebLinkAbout1999-12-01 Conservation Commission Minutes w Conservation Commission Minutes DPW Conference Room December 1, 1999 Members Present: Albert P Manzi, Jr, Chairman, Scott Masse, Vice Chairman, John Mabon, Deborah Feltovic and Joseph Lynch Beth Wescott arrived at 7 40 p in and 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: September 15, 1999 November 3, 1999 The above listed minutes were tabled until the next meeting General Business: 242-801 COC Lot 1 #30 Sherwood Drive (Colonial Village Dev) An OOC was issued on 6/7/96 authorizing the construction of a single family dwelling within the 100' Buffer Zone of a BVW 25/50' setbacks were mandated and met, the deck is 64' 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 The bond is $3000, Brian visited the site on 11/29/99 he has no issues and there are no violations, therefore, he recommends the Commission issue a COC. On a motion by Ms Feltovic, seconded by Mr Masse,the Commission voted unanimously to issue a Certificate of Compliance for DEP#242-801 242-802 Bond Reduction Lot 3 #50 Sherwood Drive(Colonial Village Dev) An OOC was issued on 6/7/96 authorizing the construction of a single family dwelling within the 100' Buffer Zone of a BVW The Order was extended and the extension will expire on 5/6/2000 25/50' setbacks were mandated and met and the office is in receipt of foundation as-builts Brian stated that the site needs to be stabilized and final as builts need to be submitted Bill Barrett, the applicant, is requesting $2500 of bond money back Brian was asked by the Commission just how unstable the site is and he replied "it is completely unstable " Mr Lynch made a motion, for discussion purposes, to deny the request and it was seconded by Mr. Mabon Mr Masse stated he may be willing to give some money back Brian stated the property was just loamed and seeded 4 weeks ago. Mr Barrett stated that the hay bales and erosion control are in place and feels there is not a high degree of probability that anything will happen Mr Manzi does not agree with _ a ` that statement The rear yard is relatively level. Mr Mabon stated that maybe$1500 is justified Mr. Lynch stated a release would be a little unprecedented even though the applicant is a guy who has always done what the Commission has asked Mr Mabon made an amendment to Mr Lynch's motion to release $1000 of the bond money. Ms. Feltovic seconded the motion and the vote of the Commission was 4-1-0 $1000 will be released 242-882 COC Lots 2A& 3A#'s 325 & 311 Stevens St(Brookview Country Homes, Inc) An OOC was issued on 12/4/97 authorizing the construction of two residential dwellings, appurtenances, a sewer main and temporary alteration of 92' of BVW, 19' of bank and 52' of LUW 25/50' setbacks were mandated and met,the corner of the foundation on lot A3 is 69' from the closest wetland flag, the corner of the foundation on lot A2 is 98' from the closest wetland flag and the office is in receipt of a letter from a P E and stamped as- builts certifying compliance The bond is $6300, the site is stable and Brian visited it on November 29, 1999 and has no issues There are no violations on site and Brian recommends the Commission issue a COC On a motion by Mr. Lynch, seconded by Ms Feltovic, the Commission voted unanimously to issue a Certificate of Compliance for DEP 4242-882 242-460 COC 895 Forest Street(Jean Morin)Neve Associates An OOC was issued on 5/18/88 authorizing the construction of a single family dwelling within the 100' Buffer Zone of a BVW The office is in receipt of a letter from a P.E. certifying compliance,the bond is $2000, Brian did a site visit on November 29, 1999 and has no issues There are no violations on site and it is stable. However,there are no wetland flags present and no reflagging mandated in the OOC Also, as builts are not mandated in the OOC Brian recommends the Commission issue a COC The Commission questioned Brian about no reflagging and no as builts being mandated in the OOC There is no evidence of the old hay bales being left The Commission wants Brian to visit the property again and take measurements from the stone wall On a motion by Mr Lynch, seconded by Ms Feltovic,the Commission voted unanimously to continue the discussion at the December 15, 1999 meeting 242-902 COC 131 Pheasant Brook Road (Neve Associates) An OOC was issued on 5/7/98 authorizing the construction of a single family dwelling within the Buffer Zone of a BVW and certified Vernal Pool 25/50' setbacks were mandated and met and the 25' No Disturbance Zone was not encroached. The office is in receipt of a letter from a P E and stamped as builts certifying compliance with the OOC. The bond is $4000 Brian visited the site on November 29, 1999, there are no violations, the site is stable and he has no issues, therefore, he recommends the Commission issue a COC On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-902 242-729 COC 859-863 Winter Street(S Blum, Trustee Winter St Realty Trust) An OOC was issued on 2/6/95 authorizing 2 single family houses, associated utilities, a wetland crossing with 400 sq ft of filling and an 800 sq ft wetland replication Only 150' of wetlands were filled in for the crossing and 800' were replicated The office is in receipt of a letter from a P E and dual stamped as builts certifying compliance with the OOC The balance of bond money being held for the two houses and replication area is $8500 Brian visited the site, there are no violations and the site is stable. Brian stated the replication area is doing good and the rep-rap and detention basins are working fine. On a motion by Mr. Masse, seconded by Ms Feltovic,the Commission voted unanimously to issue a Certificate of Compliance for DEP#242-729 242-784 Status of Abbott Village Subdivision(North Andover Land Corp.) Ben Osgood, Jr is present along with Libby Wallis of Hayes Engineering (It is now 7 40 p in and Ms. Wescott has arrived) A call from an abutter to Abbott Village reporting a possible violation prompted this item to be placed on the agenda, and Ms. Martin thought it a good opportunity to review the progress As a result of the abutter call, Ms Martin and Brian visited the site and found no evidence of grey water or a negative impact to the stream,wetlands or water quality, etc Ms Martin walked the entire intermittent stream and found no evidence at all of violations Ms Wallis had a drawing for the Commission to view and pointed out two areas of replication where the plantings have been done and that are near completion,actually 90%complete The seeding process will be done in the spring Mr Manzi had also visited the site and asked Ms. Wallis if the standing water he viewed was anticipated and she stated yes, and that is typical of November Ms Wallis stated that some adjustment in the size of the replication areas was made in order to save some very large, old oak trees Both replication areas are larger than proposed. Mr Osgood stated that the standing water you see coming down the street is a stormwater treatment basin, and Ms Wallis stated that during the summer there will be very little water present Ms. Wallis stated she was on site while the areas were excavated and she supervised the crossing at the Salem Street intersection She was also on site for the replication area on the other side of the bridge, inspected the bridge,the stream channel is intact and there was minimal disturbance of the area for the footings Mr Manzi stated that at the entrance on Salem Street the catch basin seems to get inundated, it should be protected better Mr Osgood stated he is aware of the situation and plans to install more fabric there. Ms. Martin inquired as to when the excavation near the con span will be done and Mr Osgood stated 1t is 90% complete now Again,Ms Martin stated she and Brian spent two hours at the site reviewing everything and it all looked great Libby Wallis is to have the plan stamped by a land surveyor 242-721 Amendment to OOC Pinewood Subdivision(Evergreen Management) Tom Hurley and Tom Mannetta are present this evening They are now proposing to install a 4' cedar fence and plant a row of 74 to 80 upright American Yews in back of the fence. They have submitted the appropriate documentation with homeowner's signatures residing on lots 3, 4 and 5 The homeowners, some of who are present this evening, t didn't like the idea of a 6' fence Mr Manzi stated the Commission wants to protect the area from encroachment Mr Mannetta stated that when he walked the area only a small amount of debris was found Mr Manzi stated that when we have homeowners who agree to keep the area clean, fine, but what about when the homes are sold? Mr Mannetta stated the level of protection to the 25' no disturbance zone is even greater,the yews are proposed behind the fence to make it harder to reach up and over Ms. Martin stated that she is happy with the proposal along with the no disturbance zone signs on the fence Mr Masse expressed concern that the last time the Commission said a 6' fence and now you're proposing a 4' fence he has trouble with that, however, Mr Manzi and Ms Martin did a site visit, and he trust's their opinion if they agree a 4' fence is adequate to protect the 25' no disturbance zone Mr Lynch stated that it bothers him that the homeowners have had this thrust upon them, it should have been done before they purchased the homes Mr Masse suggested making the fence and plantings a perpetual condition Ms Wescott offered an amendment to condition#13 to make it a perpetual condition regarding the upright yews, 4' fence and no disturbance signs every 25' feet on the fence as stated in the letter of 11/20/99 The motion was seconded by Mr Lynch and the vote of the Commission was 4-1-0 Public Hearings (5:00 p.m.) Request for Determination of Applicability 263—265 Johnson Street(Mary Ann Morin) William Dufresne The homeowner is present this evening and Ms Martin stated the filing is for confirmation of the wetland line only, no work is proposed Brian walked the line on Monday,November 29th and is satisfied with it There are no abutters present. Ms Martin recommends the Commission issue a Positive Determination of Applicability On a motion by Mr Lynch, seconded by Ms Feltovic,the Commission voted unanimously to issue a Positive Determination of Applicability referencing plans dated 7/22/99 and approving the wetland line only Notice of Intent(s) 242-991 Lot 9 #4 Willow St (Channel Bldg) (MHF Design Cons, Inc) cont fir 1113199 Ms. Martin stated the office received a request today via fax requesting a continuance to the 12/15/99 meeting The applicant has not posted their escrow account yet,therefore, John Chessia has not commenced his review for Conservation Steve Webster is present this evening requesting the continuance and confirming the escrow has not been posted Mr Masse stated he has a problem with the applicant not posting the escrow in a timely fashion, thereby delaying the consultant's review and the continuation of the public hearing Mr Webster acknowledged he agreed to post the escrow money at the last meeting, but was asleep at the switch,and did not Mr Masse made a motion to grant the applicant's request to continue the public hearing at the 1/19/2000 meeting and the applicant must re-advertise The motion was seconded by Mr Lynch and the vote of the Commission was unanimous 243-993 Brooks School 1160 Great Pond Rd(Rest-Frost-Shumway) cons fr 11/17199 John Scott from Rist-Frost-Shumway is present this evening Ms Martin stated that John Chessia did not receive the revisions until yesterday and they were delivered to the Conservation office on Monday,November 29`h thereby not meeting the 7 day rule for abutter viewing However, Ms Martin did speak to John Chessia today and he stated that it appears as though the applicant has satisfactorily addressed all of his concerns, but he would not be able to generate a written response until the end of this week. Mr Scott stated that they have designed a detention pond that will attenuate the stormwater and feels they have addressed all of Chessia's comments and concerns, but understands the Commission needs to have the information in writing The applicant is requesting a continuance until the 12/15/99 meeting On a motion by Ms Feltovic, seconded by Mr. Masse,the Commission voted unanimously to grant the applicant's request for a continuance until the 12/15/99 meeting 242-994 195 Olympic Lane (layavanth Shenoy) New England Eng cont fr 11/17199 Ben Osgood, Jr is present this evening and Ms Martin stated that all we were waiting for is a DEP file number and since we now have it, she recommends the Commission close the public hearing and issue a decision within 21 days On a motion by Mr. Lynch, seconded by Ms Feltovic,the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-??? 105 Wintergreen Drive (Wyn Palmer) New England Eng cont fr 11/17199 Ben Osgood, Jr is present this evening and Ms Martin stated that we are still waiting for a DEP file number and a response from National Heritage The applicant is requesting a continuance until the 12/15/99 meeting On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to grant the applicant's request for a continuance until the 12/15/99 meeting 242-995 500 Great Pond Road(North Andover Country Club)Irrigation Systems There are no abutters present for this filing Ms Martin stated the submittal does not meet the mimmum requirements The wetland was flagged and the flags were put on the plan, but it was not done by a surveyor and the waiver request form was not included in the NOI They do not accurately depict the 2 intermittent streams on the property either. The applicant used a base map stamped by Scott Giles of topo conditions, etc ,but their proposal is not stamped and since it is not a minor project, Ms Martin feels it should be stamped. Mr Lynch stated we need the surveyor's stamp on the plan otherwise there is too much chance for error Mr Manzi stated to the applicant that they have the option to withdraw without prejudice or the Commission could close the public hearing and issue a decision within 21 days based on the information we have before us this evening The • a applicant is requesting to withdraw without prejudice Mr Lynch made a motion to accept the applicant's request to withdraw without prejudice The motion was seconded by Mr Masse and the vote of the Commission was unanimous Decisions: 242-988 Willow Street Map 25 Parcel 4 (Holbrook Realty Trust) S Gales Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Mabon, seconded by Mr. Masse, the Commission voted unanimously to approve, as drafted, the Order of Conditions for DEP #242-988 242-992 Brooks School 1160 Great Pond Rd(Richard Kaminski &Associates) Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Lynch, seconded by Mr Masse, the Commission voted unanimously to approve, as drafted and amended,the Order of Conditions for DEP #242-992 Associate Member Mr. Manzi stated that he has received a letter and resume from a Mr James Demotses expressing his interest in becoming an associate member of the Conservation Commission The Commission discussed appointing him to the Open Space Committee and will submit his name to the Board of Selectmen for their approval as an associate member to the Commission Adjournment: On a motion by Ms Feltovic, seconded by Mr Mabon, the Commission voted unanimously to adjourn the meeting