Loading...
HomeMy WebLinkAbout2000-08-02 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room August 2,2000 Members Present: Scott Masse, Chairman,Albert Manzi, Vice Chairman, Joseph Lynch, Robert Mansour, Deborah Feltovic,Beth Wescott and Robert Cerchione, Associate. John Mabon and James Demotses,Associate was absent Staff Present: Brian J LaGrasse, Conservation Associate and Germaine L Ouellette, Secretary The meeting was called to order at 7 p in by Scott Masse, Chairman Minutes: No minutes were accepted General Business: 242-649 PCOC Lot#7 - Osgood Street Scott Masse presented and informed the Commission that the patio on this project had been constructed at least six years previous The applicant had done a 10 1 mitigation and had been fined $500 00 for this project Scott asked that the Commission grant a PCOC for Lot 47 Osgood Street A motion was made by Joseph Lynch and seconded by Albert Manzi to issue a PCOC for 242-649 Lot#7 -Osgood St and the vote was unanimous 242-932 COC - Waverly Rd from Andover Town Line (Bay State Gas) Brian LaGrasse informed the Commission that we have received a letter requesting withdrawal of this project from tonight's Agenda A motion to accept the withdrawal was made by Joseph Lynch and this was seconded by Albert Manzi The vote was unanimous 242-897 COC - 201 So Bradford Street(Margus& Cameron Deery)(Thomas Neve) This Order was issued on 5/7/98 authorizing the construction of a single family dwelling, associated grading and appurtenances within the Buffer Zone to a BVW They have submitted stamped As-Builts and a letter from the engineer certifying compliance with the OOC The 25'/50' were mandated and met. Brian LaGrasse visited the site on 8/2/00 and had no issues The site is stable There are no violations on site The Bond is $3,000 A motion was made by Joseph Lynch to issue the COC for 242-897 and release the $3,000 Bond The motion was seconded by Albert Manzi The vote was unanimous 242-509 Bond Release- 140 Willow St.(Dutton& Garfield) Brian LaGrasse presented and informed the Commission that this Order was issued on 9/13/89 authorizing the construction of an office/industrial building within the Buffer Zone to a BVW No work was performed under this filing except replication of BLSF and BVW Minutes of August 2, 2000 Page. 2 No construction was done before the Order expired They have another DEP#242-991 to complete the project and replication area The Bond is$7,500 00 Brian recommended release of the $7,500 Bond The new DEP #242-991 has not yet posted the Bond and no work has yet been done A motion was made by Joseph Lynch to release the $7,500 00 Bond for 242-509 and this was seconded by Beth Wescott The vote was unanimous 242-904 Modification to OOC -Lot 5 Cricket Lane(Walnut Ridge) (Merrimack Eng ) This Order was issued on 7/16/98 authorizing the construction of a roadway, eleven dwellings,utilities, driveways, grading and associated appurtenances within the Buffer Zone of a BV W The modification is for a change in the foot print of the house, driveway and the addition of a retaining wall The 25'/50' were mandated and are met on the proposed plans Brian LaGrasse informed the Commission that they have moved the northwest corner of the house from 72' to 57' from the wetlands, increased the size of the driveway and added a retaining wall The grading was brought further away from the wetlands The erosion controls are in the same location Joseph Lynch suggested we require that they submit recharge calculations showing increased roof area to the drywell in the backyard He recommended that the engineer submit a letter stating that the leech pit would continue to function as originally proposed Albert Manzi made a motion to accept the Modification to the Order of Conditions with the above condition and this was seconded by Deborah Feltovic The vote was 4 for and one abstained(Robert Mansour had not arrived until we were finishing this particular item) Decision: 242-1019 1175 Turnpike Street(BC Realty Trust)(Clean Soil Env)cont fr 7/19/00 This project is a proposal for the removal of 4 underground storage tanks, 2 pumping islands,piping and concrete pad within the Buffer Zone to a BVW and Rrverfront Area to Boston Brook This project is a result of a 21E performed on the site John Chessra of Coler & Colantonro did the review and has no outstanding issues now Brian LaGrasse recommended issuance of an OOC for 242-1019. A motion was made by Joseph Lynch and seconded by Deborah Feltovrc to accept as drafted the decision for DEP #242-1019 The vote was unanimous A motion was made to recess at 7:20 p.m. by Joseph Lynch and this was seconded by Albert Manzi. The vote was unanimous. Public Hearings (8 p.m.) Request for Determination of Applicability There are no RDA's this evening Minutes of August 2, 2000 Page 3 Notice of Intent(s) 242-1020 492 Sutton St (Mass Aeronautics Com)(Dufresne-Henry,Inc)cont fr 7/19/00 We are in receipt of a letter from Randy Christensen of Dufresne-Henry and Richard Doucette requesting a continuance to our meeting of September 6, 2000 Brian LaGrasse has not received bids back at this time but he has spoken to the consultants and they are in the process of working on them and will have a bid to us shortly A motion to continue DEP 242-1020 to September 6, 2000 was made by Albert Manzi and this was seconded by Deborah Feltovic The vote was unanimous Scott Masse, Chairman asked Mr Card of Wood Avenue, an abutter to this project,to contact the abutters since this meeting is being continued over 30 days 242-'?'»9 1070 Osgood Street(Chas Senabunyanthi)(Thomas Neve Assoc , Inc.) No abutters were present at this time so this item was tabled to later in the evening 242-1027 119 Granville Lane (Patt Taylor)(N E Engineering) Proof of mailings were presented Ben Osgood, Jr presented this project. This NOI is for the replacement of a septic system within the Buffer Zone to a Bordering Vegetated Wetland (BVW) The new system will be 70' from the wetlands Brian Lagrasse walked the site on 8-2-2000 and confirmed the wetland line Erosion control is depicted in an appropriate location They meet the 25'/50' setbacks except for existing pool and house/deck The subdivision was approved under DEP #242-22 (1975) and there are no plans of the houses that were built There are 2 piles of yard waste in the No Disturbance Zone(one pile between wetland flags B2 and B3 and one pile between the pool and wetland flag A3 Brian stated that we can condition those to be cleaned up Plans have been submitted to the Board of Health but have not yet been approved Ben Osgood,Jr stated that they will place silt fence and haybales before construction and until after site is stabilized The house was built in the late 1970's The owner says he has permits for everything the house,pool, etc The pool was built in 1988 Albert Manzi would like to see a permit for the pool and wants applicant to produce the Form U for the pool permit as the pool is constructed in the wetlands. The Commission asked if the septic system is in failure Answer was -this is a sale of the house No abutters were present for this project Scott Masse made a recommendation that we continue this to our August 16, 2000 meeting so that we may see the actual permit on the pool, deck and structure that encroaches on the 25'/50' zone He asked that the Conservation Office research any Order of Conditions and building records for this property If Ben Osgood, Jr can work with Brian LaGrasse and find these documents then we can continue to August 16`h Ben Osgood asked that if there are issues that come up could the Conservation Commission agree not to take any action until our meeting of September 6, 2000 as Ben Osgood will be away on vacation for our meeting of Minutes of August 2, 2000 Page. 4 August 16th and just the applicant would be present on that date The Commission agreed to this request At this point Ben asked that we continue this project to our next meeting of August 16th„ 2000 A motion was made to continue to August 16, 2000 and this was seconded by Deborah Feltovic The vote was unanimous 242-T??? 1070 Osgood Street(Chas Senabunyarrthi)(Thomas Neve Assoc , Inc) Proof of mailings were presented Thomas Neve was there representing his Uncle Rudolph Neve who presently owns the land which is under agreement to another purchaser to build a restaurant This project proposes the construction of a 3,400 s f restaurant, driveway, associated parking, utilities, and stormwater management structures The project includes 300 s f of wetland alteration, 1,800 s f of wetland replication and a waiver request from the 25' and 50' The subject property is located in an area designated on the 1999-2001 National Heritage Map as Estimated Habitat of Rare Wildlife They have sent the NOI to National Herrtate but Brian LaGrasse has not received a determination from them yet This usually takes about 30 days. Brian LaGrasse walked the wetland line and agrees with this line They are requesting a 0' No Disturbance Zone and a 29' No Construction Zone The waiver for the 25' NDZ is for grading,parking, driveway, and stormwater infiltration chambers The site was previously approved for construction of a 3,800 s f restaurant and was issued DEP#242-679, but has since expired and no construction took place The site was cleared, graded and a 5,000 s f replication area was planted but the building was never built Grading and erosion controls are proposed on the airport's property and we have not received a letter of permission from the airport granting the applicant approval to do work on their property The applicant stated that they are working with the airport Commission on this matter The airport has submitted a letter stating that the applicant must obtain a Determination of No Hazard to Air Navigation from the FAA The applicant has made application to FAA on this but it takes about 60 days to receive an answer Joseph Lynch stated that if they're looking for a waiver of the NDZ it invites problems of snow storage Thomas Neve stated that they could ask the airport if they could lease the back portion of their property for use as snow storage and stockpile it there Tom Neve also stated that he would have no objection to having a 10-wheeler truck out the snow instead of stockpiling it A Revolving Maintenance Account could be set up to assure that this snow removal would be done after each storm and provide assurance that there is no alteration of resource area in perpetuity Albert Manzi informed everyone present that he is not in agreement of voting in favor of waivers He would like to ask that an Escrow Account be established Mr Manzi stated that the chances are slim to none of approving waivers as he holds the 25'/50' zones sacred Beth Wescott agreed with Mr Manzi especially about snow removal Beth suggested that parking be done in back if approval by airport is given Scott Masse asked the applicant if he was going to reduce the size of the building to increase the setbacks from the wetlands? Joseph Lynch suggested a long, slender building could be Minutes of August 2, 2000 Page 5 built in order not to impact the wetlands any further Mr Lynch also asked if the applicant could look at other uplands in order not to encroach on wetlands9 Mr Lynch recommended that a site walk be done No abutters were present for this project Mr Manzi again recommended an Escrow Account be established for delineation review by a wetland scientist Scott Masse recommended Epsilon Associates Albert Manzi made a motion to establish an escrow account of$1,500 00 for wetland scientist review and this was seconded by Beth Wescott The vote was unanimous Joseph Lynch then made a motion to request a site visit prior to our next meeting as long as the escrow account is established and to continue this to our next meeting of August 16th This motion was seconded by Deborah Feltovic The vote was unanimous 242-1026 Lot 33 Abbott Street(No Andover Land Corp)(N E Engineering) Proof of mailings were presented and checked Brian LaGrasse informed the Commission that this NOI is for a single family dwelling and all associated appurtenances. The dwelling meets the 25'/50' setbacks but the applicant is requesting a waiver from the 25'NDZ for the installation of a 3" sewer force main The force main is proposed in an existing easement that runs parallel to the BVW The sewer is proposed 12' from the BVW and the erosion controls are proposed 10' from the BVW This may have been originally approved as an 8" gravity line under the Abbott Village file in which case they would have to come in for a modification or amendment for that filing Ben Osgood,Jr presented and informed the Commission that this is a Form A lot taken out of Abbott Village Development There are 7 Form A lots and 6 lots were developed The house is outside the 50' NBZ The easement is set and is part of the original development. Mr Manzi stated that DEP #242-800 file was permitted to build The closest point of the hay bales is 10' from the wetlands Brian questioned the easement and BZ replication The applicant did not submit an alternatives analysis or propose any type of mitigation Mr LaGrasse stated that Section III E 3b states that the NACC shall require mitigation measures to be implemented to offset presumed impacts when a waiver of the 25' NDZ is granted A 2 1 mitigation was done in Abbott Village Subdivision No sewer is available to this property that is economically feasible per Ben Osgood, Jr DPW allowed sewer to run down Salem St with possibility of someday sewer being brought to Abbott St The sewer right now is 800 to 900' to East of the property Joseph Lynch thought that sewer would be brought into Abbott St and Deborah Feltovic also thought the same Robert Mansour questioned the two different dates on the plans submitted(July 21 st and July 26th) Brian informed the Commission that when they originally filed they brought in 8 copies, however none were originally signed The applicant needed to return with 2 copies of signed originals which was done on July 261h The Commission was concerned about the trench sequence How long would a 600' sewer take? Ben stated it would take one day to install, backfill and be graded Minutes of August 2, 2000 Page 6 Scott Masse wants to see a detailed alternative analysis and mitigation analysis Mr Masse also stated that he would reject the 25' waiver at this time Ben Osgood,Jr asked that this NOI be continued to our meeting of September 6, 2000 A motion was made by Albert Manzi to continue this to our meeting of 9/6/2000 and this was seconded by Joseph Lynch The vote was unanimous 242-1025 Greene St/Kenwood St/Mass Ave (Richmond Realty Trust)(Wetlands Pres ) The legal notice was not published in the North Andover Citizen, however,there were abutters present for this project Scott Masse, Chairman, informed the applicant that he must make certain that this notice be published in the North Andover Citizen before the next meeting Joseph Lynch asked to be recused from this part of the hearing Brian LaGrasse informed the Commission that this NOI is for the construction of a four story, 44 unit condominium building with parking, cul de sac, stormwater management systems, flood plain compensation, and restoration Phillip Christensen presented and stated that there are three parcels of land 1) Riverfront which has now been developed 2) Wetlands within the Buffer Zone and 3) Ditch classified as an intermittent stream There will be parking underneath the building and also around the building There is concern about the flood zone area, wildlife habitat area, riverfront area and stormwater management area The lower floodplain wildlife habitat would be restored Albert Manzi recommended it go out for 3`d party review This was first brought to the Commission as an ANRAD and did not propose restoration of the area Beth Wescott asked if the underground parking will be used as flood storage The answer was yes Scott Masse brought up the matter of establishing an Escrow account for this project Albert Manzi made a motion to establish an initial escrow of$5,000 00 and that any overage due would be paid by the applicant This motion was seconded by Beth Wescott The vote was 4 for and one abstained It was agreed that Epsilon Associates would be doing the review and the applicant signed a Waiver Form to the 3 bid process and go with Epsilon Associates There are abutters present who had questions Jeanne ?who lives at the last house on Greene St. stated that the proposed parking area is right up to her driveway Helen Newell of 427 Waverly Road asked if this project could be placed first on the Agenda next time? Scott Masse, Chairman, advised her that the Commission would do their best to place it one of the first on the Agenda Minutes of August 2, 2000 Page 7 Louis Napoli asked how far is existing building from the old building? The answer was the same as the old building A motion was then made by Albert Manzi to continue this to our meeting of September 6, 2000 and this was seconded by Deborah Feltovic The vote was unanimous A motion to adjourn at 9:50 p.m.was made by Robert Mansour and this was seconded by Beth Wescott. The vote was unanimous.