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HomeMy WebLinkAbout2000-12-20 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room December 20,2000 Members Present- Scott Masse, Chair Albert Manzi,Vice Chair Robert Mansour Deborah Feltovic Joseph Lynch(7 50) Robert Cerchione Staff Present Brian LaGrasse, Conservation Administrator Jacki Byerley, Planning Assistant The Conservation Commission meeting was called to order at 7 00 p in Minutes: Mr Manzi stated that May 17,2000,June 7, 2000, July 5, 2000,November 15, 2000 and December 6, 2000 minutes were still under review and would be accepted at the January 3, 2001 meeting General Business: 242-940 COC-400 Osgood Street(Bill Bannister) Mr LaGrasse stated that this application had originally been withdrawn from the December 6, 2000 meeting so the applicant could place the No Salt and No Snow Stockpiling signs Mr Bannister has since placed the signs on the property. Mr LaGrasse stated that the Order of Conditions had been issued on December 3, 1998 to construct a parking area and stormwater management basin within the Buffer Zone to the Bordering Vegetated Wetland Mr LaGrasse went on to say that the applicant had submitted As-Builts and a letter from the engineer certifying compliance with the Order of Conditions dated December 3, 1998 The 25'/50' were mandated and met except at the entrance where the existing gravel drive is paved Mr LaGrasse stated that the site was stable Mr LaGrasse recommended that the Commission issue the Certificate of Compliance and release the $3000 00 bond Mr Manzi motioned to ISSUE the Certificate of Compliance for DEP# 242-940- 400 Osgood Street, 2"d by Ms Feltovic Voted 4-0 in favor of Mr Manzi motioned to RELEASE the $3000.00 bond for DEP# 242-940-400 Osgood Street, 2"d by Ms Feltovic Voted 4-0 In favor of 1 242-981 Modification Request 805 Forest Street(Jacques Marchand) Mr LaGrasse stated that the Order of Conditions had been issued on October 20, 1999 authorizing the demolition of an existing house and shed so as to construct a single- family dwelling, septic system with associated grading and appurtenances within the Buffer Zone to a Bordering Vegetated Wetland Mr LaGrasse stated that the modification is for the approval of the propane tank and concrete pad that are 54' from the wetlands The 25'/50' are met Mr LaGrasse recommended that the Commission issue the modification and accept the plans dated October 26, 2000 as the plan of record Mr Manzi motioned to ISSUE the modification to DEP#242-981 805 Forest Street 2"d by Ms Feltovic Voted 4-0 in favor of. Mr Manzi motioned to ACCEPT plans dated October 26, 2000 as the plan of record, 2"d by Ms Feltovic Voted 4-0 in favor of 242-981 COC-805 Forest Street(Andover Consultants) Mr LaGrasse stated that with the acceptance of the modification to include the propane tank The 25'/50' were mandated and met Mr LaGrasse went on to say that the stonewall mandated in the Order of Conditions dated October 20, 1999 is satisfactory and meets the requirements. The applicant submitted stamped As-Builts and a letter from their engineer and surveyor certifying compliance with the Order of Conditions Mr LaGrasse made a site visit on December 4, 2000 and stated that the site is stable Mr LaGrasse recommended that the Commission issue the Certificate of Compliance and release the $3000.00 bond Mr Manzi motioned to ISSUE the Certificate of Compliance for DEN 242-981 805 Forest Street(Andover Consultants), 2"d by Ms Feltovic Voted 4-0 in favor of Mr Manzi motioned to RELEASE the $3000 00 bond for DEN 242-981 805 Forest Street(Andover Consultants), 2"d by Ms Feltovic Voted 4-0 1n favor of 242-904 Bond Reduction-Walnut Ridge Subdivision(No Atlantic Realty Corp) Mr LaGrasse stated that the Order of Conditions was issued on July 16, 1998 authorizing the construction of the subdivision known as Walnut Ridge. Eleven houses, a roadway and a replication area were approved. The Conservation Department is now holding a bond in the amount of$44,200.00. Mr LaGrasse went on to say that the replication area has gone through one complete growing season. Mr LaGrasse visited the site on December 19, 2000. From the site visit Mr LaGrasse had found that the replication area had saturated conditions and was fully vegetated The As-Builts for the lots 1,3,4,6A,7A,8,9,10 were check and all but lots 6A and 7A were acceptable Lot 6A the 2 measurements were off, the as-builts show a 50 7' from the corner of the house to C59 When measured C59 to the corner was 55' Lot 7A flag C64 could not be located to verify with the as-built Mr LaGrasse stated that the applicant has failed to submit monthly PE inspection reports of the Vortex Units commencing when the binder coat was completed per condition#34 of the Order of Conditions The Order of Conditions mandated that a 5-year contract with a suitable firm and DPW approval be in place to provide inspections and cleaning services to the Vortex Units The applicant submitted a three-year contract The Conservation Department has not received a final inspection from a PE of the Drainage facilities per the Operation and Maintenance Plan condition #4 The May and November inspection reports have not been received per condition#2 in the Operation and Maintenance Plan The Conservation Department also has not received sign statements from the homeowners attesting that they were instructed on how to maintain the rooftop leaching basins per condition# 11 of the Operation and Maintenance Plan Mr LaGrasse deferred the release amount to the Commission Mr Manzi motioned to a PARTIAL RELEASE of$22,000 00 leaving a remainder of$22,200 00 for DEP#242-904 Walnut Ridge Subdivision,2"d by Ms Feltovic. Voted 4-0 in favor of 242-640 COC- 295 Candlestick Road (John Kosheff)(Scott Giles) Mr LaGrasse stated that this item had been continued from the December 6, 2000 meeting because there was no topography showing on the as-builts Mr LaGrasse stated that the Order of Conditions was issued on January 26, 1993 for construction of a single- family dwelling, associated grading and appurtenances within the Buffer Zone to a Bordering Vegetated Wetland New As-Builts and a letter from the surveyor certifying compliance with the Order of Conditions have been submitted Mr LaGrasse recommended to the Commission to issue the Certificate of Compliance and release the $3000 00 bond. Mr. Manzi motioned to ISSUE a Certificate of Compliance to DEP#242-640 - 295 Candlestick Road, 2"d by Ms Feltovic Voted 4-0 in favor of Mr Manzi motioned to RELEASE the $3000 00 bond for DEP# 242-640—295 Candlestick Road, 2"d by Ms Feltovic Voted 4-0 in favor of 242-937 Modification to OOC—7 Duncan Drive (Scott Giles) Mr Scott Giles stated to the Commission that the As-Built dated September 7, 2000 did not show the propane tank that is on the property Mr LaGrasse had requested that the propane tank be shown on the as-built Mr LaGrasse visited the site on December 15, 2000 From the site visit Mr LaGrasse found that the propane tank is placed on concrete blocks and 35' from the wetland line Mr Manzi stated that he had no problem with a 3 propane tank because propane evaporates into the air and shows no risk to wetland Mr Masse questioned why Mr LaGrasse had required Mr Giles to place the propane tank on the as-built? Mr. Mansour questioned whether the tank was allowable on concrete blocks? Mr Manzi stated that the homeowner must have received an Occupancy Permit Mr LaGrasse stated that propane tanks were inspected by the fire department. Mr. Masse instructed Mr LaGrasse receive approval from the Fire Department, if the Fire Department approves the concrete blocks the modification can be approved. Mr Manzi motioned to ISSUE modification for DEP#242-937—7 Duncan Drive with the condition of approval from the Fire Department for the concrete blocks under the propane tank, 2"d by Ms Feltovic Voted 4-0 in favor of Mr Manzi motioned to ACCEPT the As-Built plans dated September 7, 2000 revised December 13, 2000 with the condition of approval from the Fire Department for the concrete blocks under the propane tank, 2"d by Ms Feltovic Voted 4-0 in favor of 242-937 COC 7 Duncan Drive (Scott Giles) Mr Manzi motioned to CONTINUE the acceptance of the Certificate of Compliance for DEP#242-937—7 Duncan Drive until the Fire Department approves the concrete blocks under the propane tank, 2"d by Ms Feltovic. Voted 4-0 in favor of 242-236 PCOC-356 Appleton Street(Robert Matson) Mr LaGrasse stated that the Order of Conditions was issued on October 12, 1984 authorizing the construction of a roadway, drainage facilities and utilities The Order of Conditions was not for the house lots and is purely administrative Mr LaGrasse recommends that the Commission issue the Partial Certificate of Compliance Mr Manzi motioned to ISSUE the Partial Certificate of Compliance to DEP# 242-236—356 Appleton Street, 2"d by Ms Feltovic Voted 4-0 in favor of 242- 856 Modification to Order of Conditions—200 Chickering Road CONTINUED until January 3, 2001 242-945 Modification to Order of Conditions—Lot 2—The Sanctuary Mr LaGrasse stated that the Order of Conditions was issued on July 21, 1999 authorizing the construction of a roadway, wetland crossing, single-family homes, grading, utilities, stormwater management structures, replication and necessary appurtenances within the Outer Riparian Zone to Mosquito Brook and Buffer Zone to a Bordering Vegetated 4 Wetland The modification is for a change in the house footprint, driveway layout, sidewalk and a deck was added in the back of the house Mr Manzi instructed the applicant to turn the foundation away from the 25' No Disturbance Zone. Mr. LaGrasse recommended to the Commission to issue the modification and accept the plans dated November 1, 2000 as the new plan of record Mr Manzi motioned to ISSUE the modification to DEP#242-945 Lot 2-The Sanctuary as amended, 2"d by Ms Feltovic Voted 4-0 in favor of. 242-945 Modification to Order of Conditions-Lot 3- The Sanctuary Mr LaGrasse stated that the Order of Conditions was issued on July 21, 1999 authorizing the construction of a roadway, wetland crossing, single-family homes, grading,utilities, stormwater management structures, replication and necessary appurtenances within the Outer Riparian Zone to Mosquito Brook and Buffer Zone to a Bordering Vegetated Wetland The modification is for a change in the house footprint, driveway layout, sidewalk and a deck was added in the side of the house The erosion control was also extended further along the 25' Non Disturbance Zone but still meets the setbacks The 25'/50' were mandated for this lot except at the crossing Mr Cerchione questioned what material would be used under the brick walkway and suggested that the Commission mandate that the applicant use a sand base or stone dust. Mr LaGrasse recommended to the Commission to issue the modification and accept plans dated Revised December 8, 2000 as the new plan of record Mr Manzi motioned to ISSUE the modification to DEP#242-945 Lot 3-The Sanctuary with the stipulation of using stone dust or a sand base for the brick walkway, 2"d by Ms Feltovic Voted 4-0 in favor of 242-784 Modification to Order of Conditions- Lot 21 Abbott Village Mr LaGrasse stated the Order of Conditions was issued and amended on June 16, 1999 authorizing the construction of Abbott Village Subdivision with the Buffer Zone of a Bordering Vegetated Wetland The modification is for a change in the location and footprint of the house,driveway and grading The house was originally proposed at 50' and is now proposed at 60' from the wetlands The foundation has also been raised approximately 4' The driveway was originally proposed on the other side of the house and is now proposed 3 V from the wetlands The erosion controls are extended along the 25' Non-Disturbance Zone in the northern portion of the lot The erosion controls are proposed at approximately 27' from the wetland line and extend further than originally proposed The 25'/50' are met on the proposed plans This modification would not require any additional conditions Mr. LaGrasse recommended to the Commission to issue the modification for Lot 21 Abbott Village and accept plans dated November 2000 Mr Manzi motioned to ISSUE the modification for DEN 242-784 Lot 21 Abbott Village, 2"d by Ms Feltovic Voted 4-0 in favor of 5 Mr Manzi motioned to ACCEPT the plans for DEP# 242-784 Lot 21 Abbott Village dated November 2000, 2"d by Ms Feltovic Voted 4-0 in favor of 242-1038 Modification to Order of Conditions-Hawk Ridge Mr Mike Howard of Epsilon stated that MHF Design Consultants had responded to Coler& Colantonio's comments dated November 7, 2000. Mr Howard stated that the location of the proposed sewer line has been modified and the staging area for the location of directional drilling has been indicated The drilling spoils will be disposed of off site Mr Howard went on to say that the sewer has been rerouted to avoid potential for inflow and infiltration Mr Howard commented that Coler&Colantonio was satisfied with the responses from Mark Gross of MHF Design Consultants Mr Howard requested a minor modification to DEP #242-1038 consisting of changes to the gravel access road, retaining walls and grading changes in the front Mr LaGrasse recommended that the Commission issue the modification Mr Manzi motioned to ISSUE the modification to DEP#242-1038 Hawk Ridge Subdivision, 2"d by Ms Feltovic Voted 4-0 in favor of Ratification to Enforcement Order-430 Pleasant Street Mr LaGrasse stated that the enforcement order had stated no heavy machinery could be used on the property Mr LaGrasse had gone to the site and the homeowner had used a bulldozer to clear the area, Mr LaGrasse had instructed the homeowner that some clearing could be done by hand Mr Manzi motioned to RATIFY Enforcement Order for 430 Pleasant Street, 2"d by Ms Feltovic Voted 4-0 in favor of Decisions: 242-1032— 127 Bridle Path Mr LaGrasse stated that on the December 6, 2000 meeting the Public Hearing had been closed Mr Manzi motioned to APPROVE DEP#242-1032 127 Bridle Path, 2"d by Ms Feltovic Voted 4-0 in favor of 6 242-966—Bake n Joy Mr LaGrasse stated that the project was a 250,000 sq ft with approved mitigation A waiver has been issued within the 25' Mr LaGrasse went on to say 30 extra hay bales are in place, a$5000 00 bond is set up The No Salt and No Stockpiling permanent signs are in place The Commission instructed Mr LaGrasse to place a mandate in the decision to add the fence into the as built and to give the plants 2 years Mr Manzi motioned to APPROVE DEP#242-966 Bake n Joy as amended,2"d by Ms Feltovic Voted 3-1 in favor of i Public Hearings (8:00 p.m.): Proposed Changes to Town of North Andover Wetland Protection Regulations Mr Robert Mansour read the public hearing notice Mr Mansour stated that section VI B 4k should be amended to read" Site plans shall be submitted at a scale of 1"=20" Additional plans with greater or lesser detail ma also be required if such plans would provide valuable information to the Commission in it's review The Commission may request a plan at a different scale for larger properties or unique circumstances "And Section VI B 51 amended to read"Plans shall be submitted at a scale of 1"=20" complete and in cross-section. Additional Plans with greater or lesser detail may also be required if such plans would provide valuable information to the Commission The Commission may request a plan at a different scale for large properties " Mr Mansour stated that all plans submitted and as builts should be of the same scale so as to allow the Commission to overlay the plans of record with the as built to ensure construction will be accurate. Mr Mike Howard suggested that instead of having the plans all be the same scale have the amendment read no specific scale and let the Commission make a judgment with each submittal Mr Rich Doucette stated he believed the State required a scale of 1"=50" Mr Mansour stated that with the specific scale of 1"=20"the Commission would be able to get more detail on the submittals Mr. Mansour stated that the Commission would have to condition the as builts to be the scale of 1"=20"to be able to do the overlay comparison Mr Manzi motioned to APPROVE the amendment to Section VI B 4k of the North Andover Wetlands Protection Bylaw effective December 26, 2000, 2"d by Ms Feltovic Voted 4-0 in favor of Mr Manzi motioned to APPROVE the amendment to Section VI B 51 of the North Andover Wetlands Protection Bylaw effective December 26, 2000, 2"d by Ms Feltovic Voted 4-0 in favor of 7 242-1048—429 Waverly Road (Wetlands Preservation Inc) Mr LaGrasse stated that he had walked the wetland line on December 19, 2000 and noted that the three flags were replaced and C-6a was added to the new plans submitted as requested at the December 6, 2000 meeting Mr LaGrasse stated that the applicant had provided clarification on the methods used to determine the Bank as requested The supplemental report on the methods used to determine the bank was submitted on December 13, 2000 Mr LaGrasse recommended to the Commission to close the public hearing and issue a decision within 21 days Mr Manzi motioned to CLOSE the public hearing for 242-1048—4290 Waverly Road and issue a decision within 21 days, 2nd by Ms Feltovic Voted 5-0 in favor of 242-1031 — 1812 Turnpike Street(Jean P Proule)(Allen & Major) Mr LaGrasse stated that Allen& Major had faxed over a request for a continuance on December 19, 2000 Mr LaGrasse stated that the applicant hadn't contacted Mr. Chessia of Coler& Colantomo Mr Manzi stated that Allen&Major had requested the continuance to December 20, 2000 and that they should have been able to give some answers to Mr Chessia regarding the width embankment and detention pond Mr. LaGrasse recommended to the Commission to close the public hearing and issue a denial within 21 days. Mr Mansour motioned to CLOSE the public hearing for DEP#242-1031 — 1812 Turnpike Street and issue a decision within 21 days, 2nd by Mr Manzi Voted 5-0 in favor of 242-1045 North Andover School Building Committee Mr. LaGrasse stated that this had been continued from the November 15, 2000 meeting Mr LaGrasse went on to say that the applicant had been working with Mr Chessia of Coler& Colantomo to resolve outstanding issues The applicant has delineated and surveyed the Osgood Street Bordering Vegetated Wetland and Mr LaGrasse has reviewed and approved the delineation Mr LaGrasse stated that he had received a fax on December 18, 2000 and the applicant has 8 more items to address Mr LaGrasse requested that the applicant submit a proposal for some type of buffer zone mitigation. Mr LaGrasse would like to see the buffer zone alterations and the proposed mitigation for it Mr Masse suggested that the applicant work with a wetlands scientist to give minimizing impacts or avoiding options Mr Masse suggested that an escrow account be set up for the applicant for the services of Seekamp Environmental. Mr Fred King a representative for the project stated that they had been making progress with Coler& Colantonio with 8 items remaining he had question on 2 of the items First 8 being the storm water analysis,they had reduced the flow by 14 cubic feet and they were just missing on the 1-year cubic feet Mr King wanted to know if the Commission wanted the '/z cubic foot worked out or were they ok with the results The Commission agreed with the current results of cubic foot at the 1 year The second issue was the storm event routing Mr King questioned the 10-year event on top of the 100-year Mr Lynch stated that the calculation was necessary because beaver activity in the area mimics the 100-year elevation Mr Masse suggested that Mr DiNisco make any additional comments to Mr LaGrasse before the meeting of January 17, 2000 Mr Manzi motioned to ESTABLISH an escrow account of$1000 00 to pay Seekamp Environmental,2nd by Ms Feltovic Voted 5-0 in favor of Mr Manzi motioned to CONTINUE the public hearing for DEP# 242-1045 North Andover School Building Committee until January 17, 2000 Voted 5-0 in favor of 242-1020—492 Sutton Street(Mass Aeronautics Com)(Dufresne-Henry, Inc) Mr Manzi stated that Patrick Seekamp,Randy Christiansen and himself had walked the site and had agreed on many of the concerns expressed at previous meetings Mr Manzi questioned why cutting had to be done in area U49 and U51 from the Draft Vegetation Management Plan dated March 2000 Mr. Manzi stated these areas showed no change in elevation so why cut the trees Mr Rich Doucette stated that the FAA required them to cut all areas following the property line Mr Manzi suggested that Mr Doucette request a waiver from the FAA so the neighbors would have a buffer Mr Doucette stated that the FAA does not normally issue waiver but with the cutting of trees within the contract funds were always put in for replanting Mr Doucette stated that the replanting was selective depending on which area lost the most screening Mr Doucette also commented that sometimes with the replanting they were able to make a better screen than what was originally there Mr Dennis Card an abutter to the project would like the FAA to show where trees would be replanted before the cutting Mr Card also suggested that the Draft Vegetation Management Plan dated March 2000 be updated Mr Doucette commented that the FAA would not be able to draw up a plan to show the replanting because they wouldn't know who lost the most screen until the trees were cut Mr Doucette wanted the replanting to be fair to all neighbors so the FAA liked to give the trees to those that lost the most screen Mr Doucette stated that any reference to the Town Bylaw made within the decision would not have to be followed by the FAA Mr Doucette explained that they had to follow their own rules, which superceded the Town's Mr Masse stated that within decision a cash bond has to be posted Mr Doucette replied that a cash bond would be a problem but they were able to do a surety bond 9 The Commission instructed Mr Doucette to go before the FAA and get a letter stating why a waiver could not be issued in regards to areas U49 and U51 and whether a cash bond could be issued to the Town The Commission also instructed Mr LaGrasse to speak with the National Heritage group The Commission wanted to hear from Patrick Seekamp whether there are any problems with the project and the applicability of the Town Bylaw to the project Mr Manzi motioned to CONTINUE the Public Hearing for DEP#242-1020— 492 Sutton Street until January 17, 2001, 2"d by Ms Feltovic Voted 5-0 in favor of 242-1050—84 Sugarcane Lane(Chris & Lisa Hanson)(Scott Giles) Mr LaGrasse stated that this Notice of Intent had been continued from the December 6, 2000 meeting. This Notice of Intent is for an inground pool and concrete patio The pool and patio proposed meet the 25'/50' The patio is proposed 5 V from the wetland flag 13 The house and deck were built under DEP#242-842 and meet the setbacks The wetland line has moved since the dwelling was built The Lot was granted a Partial Certificate of Compliance in 1997 Mr LaGrasse verified the wetland line on December 4, 2000 and does not have any issues Mr LaGrasse recommended to the Commission to close the public hearing and issue a decision within 21 days with a condition that the soil be loaded directly into a dump truck and hauled off site Mr Manzi motioned to CLOSE the public hearing for DEP#242-1050—84 Sugarcane Lane and issue a decision with the recommended decision within 21 days, 2"d by Ms Feltovic. Voted 5-0 in favor of NACC # 9 Lot 5—Saile Way (Marilyn Elias) Mr Mansour read the Public Hearing Notice publish in the North Andover Citizen into the record Mr LaGrasse stated that the application was complete for the construction of a single-family house with associated appurtenances, grading and landscaping The beginning of the driveway is in the buffer zone The house construction is outside the Buffer Zone due to Planning setbacks The roadway DEP# 242-365 is in the 25' No Disturbance Zone and the driveway is proposed approximately 45' from a Bylaw wetland, flag 15 The driveway, utilities, some grading and erosion controls are located within the 100' Buffer Zone Mr LaGrasse reviewed the wetland line and added a flag between wetland A13 and A14 labeled A-14a This flag does not impose any impedance to the setbacks Mr LaGrasse recommended to the Commission to close the public hearing and issue a decision within 21 days Mr Manzi motioned to CLOSE the yublic hearing for NACC# 9 Lot 5 —Saile Way and issue a decision within 21 days, 2" by Ms Feltovic. Voted 5-0 in favor of. 10 NACC# 10 Lot 6—Saile Way (Marilyn Elias) The applicant stipulated to the reading of the public hearing noticed in the North Andover Citizen Mr LaGrasse stated that the Notice of Intent is for the construction of a single- family house with associated appurtenances, grading and landscaping The grading in the front, the installation of utilities and the erosion controls are located within the 100' Buffer Zone of a Bylaw Wetland (J Series) The house construction is outside the Buffer Zone due to Planning setbacks The roadway is in the 25' No Disturbance Zone and was permitted under DEP# 242-365 Mr. LaGrasse reviewed the wetland lines and added a flag labeled A-14a between A 13 and A 14 Mr. LaGrasse recommended to the Commission to close the public hearing and issue a decision within 21 days with the condition of the submittal of plan depicting the new flag and relevant changes in the pre- construction requirements Mr Manzi motioned to CLOSE the public hearing and issue a decision within 21 days with the recommended conditions for NACC# 10 Lot 6—Saile Way, 2nd by Ms Feltovic Voted 5-0 in favor of 242-1053 —48 Kiernan Road(Paul and Kathleen Doucette) The applicant stipulated to the reading of the public hearing noticed in the North Andover Citizen Mr LaGrasse stated the Notice of Intent is for the construction of a 24'x28' 2 stall garage to be constructed in the location of an existing driveway The proposal meets the 25750' The proposed garage is 52' from wetland flag 7 The erosion control is proposed approximately 36' from the wetlands and is depicted in an appropriate location Mr LaGrasse verified the wetland line on December 19,2000 Mr LaGrasse recommended to the Commission to close the public hearing and issue a decision within 21 days with conditions on the placement of the stockpile soil and the re-vegetation between flags 6 and 7 Mr Manzi motioned to CLOSE the public hearing for DEP#242-1053 —48 Kiernan Road and issue a decision within 21 days with the recommended decisions, 2nd by Ms Feltovic. Voted 5-0 in favor of Mr Lynch motioned to ADJOURN the Conservation Commission meeting of December 20,2000 at 9 50 p m , 2nd by Ms Feltovic Voted 5-0 In favor of 11