HomeMy WebLinkAbout2000-12-06 Conservation Commission Minutes Conservation Commission Minutes
DPW Conference Room
December 6,2000
Members Present: Scott Masse, Chairman, Albert Manzi, Vice Chairman, Robert Mansour, Deborah
Feltovic John Mabon arrived at 9 20 p m Absent were Joseph Lynch, Beth Wescott, James
Demotses, Associate and Robert Cerchione, Associate
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:
242-966 -Amendment to OOC- Bake-N-Joy(Neve Associates)
No abutters were present for this project This was continued from our last meeting because we needed
clarification on the required location of the footings Footings are required at all 4 corners of the
concrete pad They also added a 4'X7' concrete pad for an exterior door landing on the westerly side
that is not on the site plans but it is on the detail plan They are proposing to use a small kabota like
backhoe and dump truck to excavate the footings and remove the material They are going to use wheel
barrels to bring the concrete in The concrete truck will be left on the concrete pad and not brought any
further into the site A motion was made by Albert Manzi and seconded by Deborah Feltovic to grant
Amendment to 242-966 making some changes to Condition#27, 31 and also adding condition for
mitigation The vote was unanimous
242-896 -Extension to OOC - Lots #1 & 2 Summer St(No Atlantic Realty Corp)
Brian advised the Commission that this Order was issued on 2/19/98 authorizing construction of two
single family dwellings within the BZ to a BVW The Order is set to expire on 2/19/2001 This is the
first extension request Work has taken place on Lot 2 only The house has been completed and the lot
is stabilized The wetland flags have been re-established by survey and verified by Conservation Dept.
There are no violations on site and the site is in compliance with the Order of Conditions. A motion
was made to extend the Order of Conditions for 242-896 to 2/19/2002 and this was seconded by
Deborah Feltovic The vote was unanimous
242-896 Bond Reduction- Lots 1 & 2 Summer St(No Atlantic Realty Corp)
Scott Masse, Chairman recommended that applicant request a PCOC before a bond reduction is
requested The Commission agreed and therefore no action was taken for Bond reduction for 242-896
at this time
242-1009 COC - 22 Raleigh Tavern Lane (Joseph Harb)(Merrimack Engineering)
This Order was issued on 5/3/00 authorizing the replacement of a failed septic system and associated
work within the BZ to a BVW Stamped as-builts and a letter from the engineer certifying compliance
with the,Order of Conditions were submitted Brian LaGrasse visited the site on 12/5/00 and had no
issues The site is stable There are no violations on site The Bond is $1,500 A motion was made by
Deborah Feltovic and seconded by Albert Manzi to grant a COC for 242-1009 and release the $1,500
Bond The vote was unanimous
242-792 Bond Reduction- Woodlea Village (Ashwood Companies)
This request was withdrawn at the applicant's request
242-981 COC—805 Forest Street(Andover Consultants, Inc.)
Brian LaGrasse informed the Commission that a concrete pad and propane tank had been added
without approval Scott Masse made a recommendation to deny the request for a COC at this time due
to these issues A motion was made to deny the COC for 242-981 by Albert Manzi and this was
seconded by Deborah Feltovic The vote was unanimous.
242-934—COC—660 Gr Pond Rd (Christiansen& Sergi, Inc.)
This Order was issued on 10/22/98 authorizing installation of a sewer force main within the BZ to a
vernal pool and BVW Waivers were granted for the erosion control placement but the sewer main was
installed using directional drilling technology Brian LaGrasse advised the Commission that almost no
excavation was required within the 100' BZ. Mr LaGrasse was on site during drilling and had no
issues He also visited the site on 12/4/00 and had no issues. The site is stable There are no violations
on site The Bond is $1,500 A motion to grant a COC for 242-934 and release the$1,500 Bond was
made by Albert Manzi and this was seconded by Deborah Fetovic. The vote was unanimous.
242-937 -COC - Boxford St & Duncan Drive(Scott Giles)
This Order was issued on 11/25/98 authorizing the construction of a single family dwelling within the
BZ to a BVW The 25'/50' were mandated and met for this project The shrubs mandated in the OOC
have been planted but are not shown on the Plan of Record. Scott Giles asked that this be continued
until 12/20/2000 so that the Plan of Record would be in compliance. A motion was made by Albert
Manzi and seconded by Deborah Feltovic to continue 242-937 until 12/20/00 The vote was
unanimous
242-640 COC—295 Candlestick Road (John Kosheff)(Scott Giles)
Brian LaGrasse informed the Commission that this Order was issued on 1/26/93 authorizing the
construction of a single family dwelling, associated grading and appurtenances within the BZ to a
BVW They have submitted stamped As-Builts and a letter from the surveyor certifying compliance
with the Order of Conditions The 25'/50' were mandated and met The site is stable. There are no
violations on site. Mr. LaGrasse's only issue is that there is no existing topo adjacent to the driveway
and the limit of work This needs to be added to the As-Builts so he can compare the existing and
proposed A motion was made by Deborah Feltovic and seconded by Albert Manzi to continue 242-
640 to 12/20/00 The vote was unanimous
Ratification of Enforcement Order- 128 Russett Lane (DPW)
This Enforcement Order was issued for repair of a water line located at 128 Russett Lane. The property
owner is to install erosion control along shoulder of road and repair broken water line Albert Manzi
made a motion to Ratify Enforcement Order for 128 Russett Lane and this was seconded by Deborah
Feltovic The vote was unanimous
Ratification of Enforcement Order- Chestnut& Rea Street culvert
This Enforcement Order was issued for placement of granite and rip rap around culvert to support the
road and to stop erosion of the sideslope immediately A motion was made by Deborah Feltovic to
Ratify Enforcement Order for Chestnut& Rea Street culvert and this was seconded by Albert Manzi
The vote was unanimous
Ratification of Enforcement Order- Foster Farm
Brian LaGrasse issued this Enforcement Order because of soil borings within 100' of BVW on Foster
Farm for ledge No borings were closer than 60' and erosion controls and mulching will be utilized A
motion to Ratify the Enforcement Order for Foster Farm was made by Albert Manzi and this was
seconded by Deborah Feltovic The vote was unanimous
242-845 Modification to OOC—Brookview Estates (Marchionda&Assocs)
This modification request is for the reduction from 5 growing seasons to 3 growing seasons. Scott
Masse stated that this was a minor modification to condition#16 in the OOC's A motion was made by
Albert Manzi to grant the Modification to OOC for 242-845 and this was seconded by Deborah
Feltovic The vote was unanimous
242-845 COC—Brookview Estates (Marchionda&Assocs)
There were no outstanding issues for this project and Brian LaGrasse inspected the site on 12/04/00
The original Bond was $28,000 $1,800 was released on 11/5/97 and $20,100 was released on 9/15/99
$6,100 is remaining A motion was made by Albert Manzi to grant a COC for 242-845 and release the
remaining $6,100 Bond remaining and this was seconded by Deborah Feltovic The vote was
unanimous
Merrimack River Conservation Network Meeting—December 19, 2000
Brian LaGrasse invited anyone from the Commission to attend this meeting if they were interested
Extension of Brian LaGrasse's Contract
Albert Manzi made a motion to extend Brian LaGrasse's contract until something else is in place. This
was seconded by Deborah Feltovic and the vote was unanimous
Maritimes Pipline
Scott Masse, Chairman asked Brian LaGrasse to contact Richelle Dennee at the Boxford Conservation
Commission so that the NACC could get more involved with this. Albert Manzi stated he was on the
network for the Pipeline FERK is looking into an alternative route for the pipeline which would take it
off-shore We will get more information
Proposed Changes to Town of North Andover Wetland Protection Regulations
Robert Mansour stated that he would like to see standardized Plans submitted to the Conservation
Commission This would be listed under Section 6B4K and Section 6B5I He would like to see any
subdivision plans to be 1.40 and any individual parcels in any subdivision to be 1.20 Scott Masse
stated that we need to have a Public Hearing on this first A motion was made by Scott Masse and
seconded by Deborah Feltovic to place this item under Public Hearings for our 12/20/00 meeting The
vote was unanimous We need only advertise in the North Andover Citizen for tlus,no abutters need
be notified
Appropriation of Funds from Wetland Filing Fee Account
Since the Conservation Commission secretary would be leaving within the next 2 weeks a motion was
made by Deborah Feltovic and seconded by Albert Manzi to appropriate $500 00 from the Wetlands
Filing Fee Account in the event that a new secretary would not be hired by the next meeting to be held
on 12/20/00 so that a temporary secretary could be hired to take and transcribe the notes from this
meeting The vote was unanimous
Epsilon Associates - Mike Howard
Mike Howard,consultant for Epsilon Associates, informed the Conservation Commission that the
$5,000 already appropriated for their services for reviews had already been met A request to allocate
another$2,000 in Escrow was asked by Mr Howard. A motion was made by Albert Manzi and
seconded by Deborah Feltovic to appropriate another$2,000 and the vote was unanimous
Public Hearings (8:00 p.m.)
Request for Determination of Applicability
Lot 32 Bridle Path(Brookview Country Homes)
This RDA is for confirmation of the wetland line only Brian LaGrasse walked the delineation on
12/5/00 and agreed with the line The only thing he found was there are two flags approximately 10'
apart. Brian LaGrasse labeled the one that corresponds with the line on the plan and field delineation.
The BZ lines adjacent to Flag 101 should reflect wetland line but that can be taken care of under the
NOI filing and Brian can write that into the Determination There are no FEMA,riverfront or vernal
pool issues A motion was made by Albert Manzi to accept plans dated 11/01/00 and this was
seconded by Deborah Feltovic The vote was unanimous
Lot 1 Salem Street(Brookview Country Homes)
This RDA is for confirmation of the wetland line only Brian LaGrasse walked the delineation on
12/5/00 and agreed with the line There are no FEMA, riverfront or vernal pool issues He had no
issues with this delineation
Abutter, Ruth Pearson of 58 Salem Street asked if the wetland line delineated meant that there were
more or less wetlands on site now? Albert Manzi stated that we're not changing any wetland lines.
The line is the line It's based upon a science Ms Pearson was concerned about more runoff of water
onto her property Brian LaGrasse explained to Ms Pearson that the property in question is not Lot 1 —
Heritage Estates but Lot 1 on Salem Street, which is an entirely different property than what Ms
Pearson was thinking about Ms Pearson was happy to hear this as it would not be affecting her
property at 58 Salem St A motion was made by Deborah Feltovic and seconded by Albert Manzi to
accept Plans dated 11/1/00 entitled"Wetland Resource Boundary Plan" The vote was unanimous
Abbreviated Notice of Resource Area Delineation
242-1048-- 429 Waverly Road(Wetlands Preservation, Inc )
Brian LaGrasse walked the wetland line on 12/5/00 and noted that 3 flags were missing, C11,J9 and
B 19 He also noted that there were 2 wetland flags for C6 Both of these flags delineate the wetland
boundary The plan only shows one of them One of them needs to be labeled C6-A and added to the
plan Brian also wanted some clarification of Bank delineation When was it done? He would like
more information on how the Bank was determined The applicant needs to replace the missing flags in
the field, add Flag C6A to the plan and submit the information on the Bank delineation before the
Commission can accept the ANRAD The applicant requested a continuance to our meeting of
12/20/00 A motion was made by Albert Manzi and seconded by Deborah Feltovic to continue 242-
1048 to 12/20/00. The vote was unanimous
Notice of Intent(s)
242-1020 492 Sutton Street (Mass Aeronautics Com)(Dufresne-Henry, Inc)cont fr 11/01/00
Patrick Seekamp of Seekamp Environmental completed report on 12/5/00 This report is in draft form
Patrick Seekamp walked the site with Randy Christiansen in September and October reviewing
boundaries on the site Dufresne-Henry stated resource boundaries for the most part are OK but a few
areas were not delineated properly. Some small areas to be redelmeated specifically are Runway 5 and
14 and also some areas off Wood Avenue and residential area off Poor St and another area that
Dufresne-Henry has not had a chance to get to yet Patrick Seekamp recommended that the
Conservation Commission not sign off on the delineation yet
Mr Seekamp stated that there is a potential during cutting of trees for more runoff of water There will
not be a lot of area that will be bare, however, there will be some change in wetlands after thre trees are
cut This is an even-aged forest right now which means all the trees there were planted at the same time
approximately 20 years ago and so all trees are approximately the same height Mr Seekamp stated
that when the overstory is released then there will be an increase in the European buckthorn and
honeysuckle This is called scrub shrub
Dennis Card an abutter on Wood Avenue was present. Mr. Card asked if they could go in and Just pick
certain trees to be topped? Mr Seekamp stated that the red maple is the dominant tree in the area and if
they're topped they may not survive Mr Seekamp didn't think this was a viable solution to do this
tree topping of red maples Mr Seekamp suggested vegetative screening of plantings for the neighbors
be done once the trees are cut (Northern white cedars could be planted)
A total of 93 5 ac4es are scheduled for complete overstory removal. Mr Seekamp stated that there
would be a change in wildlife habitat,mostly birds Mr Seekamp also said that there could be an area
for bird habitat and butterfly habitat that could utilize the old field habitat on site Brush piles would be
planned in the forested areas to be cut There is some potential for erosion Hand clearing would take
place on the steep slopes VMP relies heavily on an environmental monitor and Brian LaGrasse needs
to be checking on this project frequently
Mr Seekamp asked if we had a good clear response from Natural Herrtage9 He suggested getting some
kind of written response from them At this point there were no questions on any of the above from the
Conservation Commission
Richard Doucette was also present Mr Doucette stated that the earliest start up date would probably
be Summer of 2001 He informed the Commission that Taxiway D and Taxiway A would be redone in
the near future and wanted the Commission to be aware of this as there would be a reconstruction of 2
paved areas at that time
Randy Christiansen stated that he has a file#with Natural Heritage and that the Blandings turtle is
listed on this site No heavy machinery will go to the edge of the pond. There will only be hand-
cuffing done
Mr Card asked if phase cutting of trees could be done so that the surrounding neighborhood could
adjust to the change in scenery They would phase over 2 years the cutting of trees in the neighborhood
area Mr Seekamp asked if there had ever been rotational cutting of trees at the airport before Mr
Doucette stated that the airport needs one big cut now as it has really never been done before Mr Card
asked would phasing the cut of trees reduce the amount of runoff of water? Patrick Seekamp stated
there will always be a net increase in ground water after trees are topped The ground in general gets
wetter Scrub shrubs could help with water runoff Richard Doucette didn't think there would be an
increase in runoff water in the neighborhood area because there's a stream and a wetland in between the
cut area and the neighborhood area
Joy Mill, Sutton St,No Andover was present and referred to a job Dufresne-Henry had done in
Clinton, MA She stated that there had been an issue with the American Disabilities Act Patrick
Seekamp assured everyone that he would be working closely with Dufresne-Henry on any and all
concerns
Mike Howard made mention that he is working on a project adjacent to the airport at 1070 Osgood St
and the Natural Heritage didn't have a problem with any wildlife species in the area
At this point the applicant made a request to continue this hearing until 12/20/00 A motion was made
by Albert Manzi and seconded by Deborah Feltovic to continue 242-1020 until 12/20/00 The vote was
3 for continuance and one abstained (John Mabon who had arrived at the meeting at 9 20 p m.).
Albert Manzi left for work at 9:40 p.m.
242-1050 84 Sugarcane Lane (Chris & Lisa Hanson)(Scott Giles)
This NOI is for an inground pool and concrete patio The pool and patio proposed meet the 25'/50'
from wetland flag 13 Brian LaGrasse verified the wetland line on 12/4/00 and did not have any issues
with It Brian asked where the soil stockpiling would be? Scott Giles stated that the Order of
Conditions could condition removal from site of soil. Brian also asked about the storage of chemicals?
Scott Giles stated that there are no chemicals to be stored on site They are using a filter cartridge
system that has all the chemicals in the cartridge already. It was also decided to condition concrete
wash in the Order of Conditions A motion was made by Robert Mansour to continue 242-1050 to our
meeting of 12/20/00 and this was seconded by Deborah Feltovic The vote was unanimous.
242-1032 127 Bridle Path(George Chatson)(Thomas Neve Assocs)cont fr 11/01/00
No abutters were present for this project Brian LaGrasse informed the Commission that the applicant
has submitted a new plan with only grading in the backyard They have abandoned the drainage
structures Greg from Neve Associates was present and stated that the erosion control would be '/Z to l
foot of grading to get the water flowing away from the house Brian LaGrasse would like to see some
plantings to be placed along the wetland boundary to prevent any future mowing or encroachment A
motion was made by Robert Mansour to close the public hearing and issue a decision in 21 days for
242-1032 and this was seconded by Deborah Feltovic The vote was unanimous
242-1036 1070 Osgood Street(Chas Senabunyarithi)(Thomas Neve)cont fr 11/01/00
This project proposes the construction of a 3,400 s f restaurant, driveway, associated parking, utilities,
and stormwater management structures The project also includes 300 s f of wetland alteration, 1,800
s f of wetland replication and a waiver request from the 25' NDZ 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 and 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 received a letter of permission from the airport granting the applicant approval to do work
on their property
Mike Howard was present and advised the Commission that the Buffer Zone is in such a degraded state
that it does not appear to be substantially providing those values presumed significant under the Act
and the Bylaw Depending on the Commission's findings this may or may not be a waiver request At
this point a motion was made by John Mabon to continue 242-1036 until January 3, 2001 and this was
seconded by Deborah Feltovic The vote was unanimous
A motion to adjourn at 10:10 p.m.was made by Robert Mansour and this was seconded by
Deborah Feltovic. The vote was unanimous.