HomeMy WebLinkAbout2001-11-28 Conservation Commission Minutes i
Conservation Commission Minutes
DPW Conference Room,384 Osgood St,North Andover
Nov 28,2001
✓ ` Members Present Scott Masse, Chairman, Albert Manzi, Jr,Vice Chairman, Deborah Feltovic, Robert
Mansour, and John Mabon
Joseph Lynch, Jr, arrived at 8 15 P/M
Staff Present Richard Paquette,Jr, Conservation Administrator and Linda Magee, Secretary
Members Absent Beth Wescott,Robert Cerchione and James Demotses, Associates
Meeting began at 7 00 P M
Minutes under review
Heidi Griffin's address to North Andover Conservation Commission
Ms Griffin introduced herself to the Commission and briefly discussed her agenda as Division Director
7:00 P.M. General Business:
NACC#6- COC Request 52 Sail Way(Eugene Piacentmi)(Civil Const Mgt)
On a motion by Mr Mansour, seconded by Ms Feltovic,the commission voted unanimously to continue
to 12/12/01
242-784-OOC Modification Request Lot 4 Nutmeg Ln (NE Eng}
On a motion by Mr Mansour, seconded by Ms Feltovic,the commission voted unanimously to continue
to 12/12/01
242-784 -OOC Modification Request Lot 32 Thistle Rd (NE Eng)
On a motion by Mr Mansour, seconded by Ms Feltovic,the commission voted unanimously to continue
to 12/12/01
242-945 -COC Request Lot 2 Keyes Way(North Andover realty Corp)(Christian& Sergi)
On a motion by Mr Mansour, seconded by Ms Feltovic, the commission voted unanimously to continue
to 12/12/01
242-992 -COC Request 1160 Great Pond Rd (Brooks School)(Richard Kaminski)
On a motion by Mr Mansour, seconded by Ms Feltovic,the commission voted unanimously to continue
to 12/12/01
242-1014 - COC Request 288 Foster St (Timothy Goland)(NE Eng)
On a motion by Mr Mansour, seconded by Ms Feltovic,the commission voted unanimously to continue
to 12/12/01
242-1046 - COC Request 314 Rea St (Ernest Alveraz)(Merrimack Eng)
On a motion by Mr Mansour, seconded by Ms Feltovic,the commission voted unanimously to continue
to 12/12/01
242-792 -COC Partial Request Woodlea Estates Lot's 2A, 3, 4, 5, 6, 7, 8 9, 10 and 11(Ashwood Co)
On a motion by Mr Mansour, seconded by Ms Feltovic,the commission voted unanimously to continue
to 12/12/01
242-862 OOC Extension Request(Ogunquit Homes)(Neve Assoc)
On a motion by Mr Manzi, seconded by Ms Feltovic,the commission voted unanimously to grant the
Extension as drafted
242-941 -OOC Extension Request 227 Berry St (John Brunette)(NE Eng)
On a motion by Manzi, seconded by Ms Feltovic,the commission voted unanimously to grant the
Modification as drafted
On a motion by Mr Manzi, seconded by Ms Feltovic,the commission voted unanimously to grant the
Extension as drafted
242-901 - COC Request 40 Oxbow Circle(Robert Matson)(NE Eng)
This NOI was for the purpose of construction of a house,grading driveway and utilities within the Buffer
Zone of a resource area An Applicant(Ben Osgood)briefly gave a synopsis of the file at Mr Paquette's
request The Applicant requested on site meeting with Mr Paquette to discuss the project history On a
motion by Mr Mansour, seconded by Ms Feltovic,the commission voted unanimously to continue to
1/9/02
242-1003 - COC Request 100 Salem Turnpike(LE Tribune)(VHB)
Mr Lynch completed his review of the project, and deferred to Mr Paquette for final verification of
compliance with the OOC On a motion by Mr Mansour, seconded by Ms Feltovic,the commission
voted unanimously to continue to 12/12/01
Carter Hill Parking Lot Construction(Steve Manning)
The Commission requested letters of input concerning safety from the North Andover Police Dept and
the Town Counsel for the parking area proposed Mr Manzi pointed out that there was a parking lot at
Mazurenko Farm just down the street and that it has been vandalized in the past He added that the
existing parking are could be used for Carter Hill as the two properties are connected Mr Manzi
inquired as to where funds will come from for this project Mr Mabon stated that funding was donated
with no expense to the town Town Counsel requested that no work occur on the property until the
special Town Meeting on Dec 3`d
242-885 - COC Request Forest View,Lot 1 map 107B (Marchionda)
Mr Paquette stated that a retaining wail was built within the 50' NBZ Mr Masse stated that a
modification would be required On a motion by Mr Manzi, seconded by Mr Mabon,the commission
voted unanimously to deny the Request for a Certificate of Compliance
Lot 47,Lot 49,Lot 50,Lot 53A, Lot 54
Mr Paquette reviewed the COC requests and stated they appeared to be in compliance with the OOC On
a motion by Mr Mabon, seconded by Ms Feltovic,the commission voted unanimously to grant the
Certificate of Compliance(s)as drafted
242-980- COC Request 332 Hillside Rd (Peter Calderazzo)
Mr Paquette stated that the project appeared to be in compliance with the OOC and recommended the
issuance of a COC On a motion by Mr Lynch, seconded by Mr Mansour,the commission voted
unanimously to grant the Certificate of Compliance as drafted
242-792 -Bond Release Request Woodlea Estates(Leah Basbanes)
Mr Paquette said that he did not complete his review and recommended the NACC continue the COC
request On a motion by Mr Manzi, seconded by Ms Feltovic,the commission voted unanimously to
continue to 12/12/01
242-947 - COC Request Winter St, Bridle Path, S Bradford&Timber Ln (Guertin &Elkerton)cont fr
11/14/01
Mr Paquette stated the project appeared to be in compliance with the OOC and recommended the NACC
issue a COC On a motion by Mr Lynch, seconded by Mr Mansour,the commission voted unanimously
to grant the Certificate of Compliance as drafted
242-1039- COC Request 148 Bridle Path(Linda Weeks)
Mr Paquette stated the project appeared to be in compliance with the OOC and recommended the NACC
issue a COC On a motion by Mr Lynch, seconded by Mr Mansour, the commission voted unanimously
to grant the Certificate of Compliance as drafted
242-1040- COC Request 160 Bridle Path(Patrick Morgan)
r Mr Paquette stated that the As-built Plan did not represent field conditions because of the presence of a
7' asphalt berm Mr Mansour reviewed the plan and determined that it was not an As-built Plan as
required by the NACC Regulations On a motion by Mr Manzi, seconded by Mr Mabon,the
commission voted unanimously to deny the Request for a Certificate of Compliance
242-805 -COC Request Lot 12 Sherwood Dr (Messina Dev)
Mr Paquette stated the deck and driveway turnaround were added to the project Mr Paquette stated that
both structures were verified to be out of the 50'NBZ Mr Masse requested that an OOC Modification
be filed with the new COC request Applicant Christian& Sergi, needed to Request a Modification for
the deck and driveway turnaround before filing for a COC On a motion by Mr Manzi, seconded by Mr
Mabon,the commission voted unanimously to deny the Request for a Certificate of Compliance
Essex County Greenbelt Municipal Certification Form(David Santomenna)
Withdrawn
8:00 P.M.Public Hearings:
Notice of Intent(s)
RDA's
247 Webster Woods Ln (Michael Newman)(Holmes Pools)
This RDA was filed for the installation of a concrete patio around the pool, grading the yard, and
installing a fence Mr Mabon asked if there was a COC granted for the property Mr Paquette stated he
did not know Representative, Wendell Holmes, explained there would not be a need for stockpiling On
a motion by Mr Manzi, seconded by Mr Mabon,the commission voted 3 to 1 for a negative decision
including the following conditions (1)place the haybales along 134 contour, (2)soil stockpile location
shown on the plans are outside the 100'Buffer Zone, (3)the pool to have a cartridge filter,no discharge
242-1099 - Rte 114 Turnpike St (Mesiti Devel)(Marchionda)
Mr Masse stated that the Applicant requested a continuance to the 12/26/01 hearing The Applicant has
been requesting continuances since they have filed Mr Masse recommended a continuance to 12/12/01
with the expectation that the Applicant will be moving the project forward On a motion by Mr Manzi,
seconded by Ms Feltovic,the commission voted unanimously to continue to 12/12 with the condition that
the Applicant shows signs of moving forward, as the original filing was in Aug
�\ 242-1065 - Boxford St 104D Town of North Andover(Ben Gary)
Mr Paquette stated that the Applicant is making changes to the plans and will be meeting with the Dept
The Applicant requested a continuance to 12/12/01 On a motion by Mr Manzi, seconded by Ms
Feltovic,the commission voted unanimously to continue to 12/12
242-1058 - Lot 13 Nutmeg Lane-map 38 parcel 284(No Andover Land Corp)(B Osgood,Jr)
This NOI is for the demolition of an existing house and construction of a new dwelling within the 100'
Buffer Zone to an isolated wetland They are proposing the project as a redevelopment project with a 15'
NDZ and a 25' NCZ with a stonewall along their proposed NDZ Ben Osgood Jr, (Applicant)asked for
a continuance to meet with Mr Paquette to discuss the project On a motion by Mr Manzi, seconded by
Ms Feltovic,the commission voted unanimously to continue to 12/12
242-1087-Lawrence Airport Industrial Park(Epsilon Assoc)
This NOI is for an industrial park to be located at the LMA Mr Masse stated that Coler& Colantonio
had completed their review and they were in compliance with the Regulations Mr Masse stated that all
issues had been resolved to the NACC's satisfaction On a motion by Mr Manzi, seconded by Ms
Feltovic,the commission voted unanimously to close the public hearing and issue a decision within 21
days
242-1095 - Rte 114 Mapl07A lot 148 (Richard Martel 7 Hills)(MHF Eng)
This NOI is for the construction of an office building, parking, drainage and associated appurtenances
within the buffer zone to a BVW The building has an odd shape and is one story in one section and two
stories in another section The building has been designed to meet the 50'NCZ The Applicant agreed to
moving the dumpster on to the pump station easement On a motion by Mr Manzi, seconded by Ms
Feltovic,the commission voted unanimously to close the public hearing and issue a decision within 21
days
242-1098 - 131 Cricket Lane(Rex&Eva Pajela)(Merrimack Eng)
The Applicant's representative submitted a revised plan to the NACC at the hearing The NACC stated
that new information must be submitted 7 days prior to the hearing On a motion by Mr Manzi,seconded
by Mr Mansour,the commission voted unanimously to continue to 12/12
242-1105 - 284 Salem St (David Palmer)(Design Eng)
This NOI was for the purpose of an expansion of an existing driveway within the Buffer Zone Mr
Paquette was satisfied with the revised plans and supporting information submitted by the Applicant
Mansour pointed out that the revised plans were not submitted within the 7 day period Because of the
holiday Mr Masse waived the 7 day period On a motion by Mr Lynch, seconded by Mr Mabon,the
commission voted 3 to 2 to close the public hearing and issue a decision within 21 days
242-1106 - 190 Farnum St (Paul Battalagine)(NE Eng)
Ben Osgood Jr, Representative, was asked by the NACC if the Board of Health approved the plan Mr
Osgood stated Mrs Starr has approved the design and plans Mr Paquette inquired about stockpiling
with Mr Osgood stating there would be none Mr Paquette asked for the limit of work to be inside
haybales On a motion by Mr Manzi, seconded by Ms Feltovic,the commission voted unanimously to
close the public hearing and issue a decision within 21 days
242-1108 - 119 Old Farm Rd (Rosemarie Buxton)(Neve)
John Morin, Representative, presented updated plans including proposed 25' NDZ shrub plantings and
relocation of shrubs in proposed swale location Mr Morin also discussed the limit of Maintenance for
the proposed swale Maintenance of the swale will be done by Applicant On a motion by Mr Manzi,
seconded by Ms Feltovic,the commission voted unanimously to close the public hearing and issue a
decision within 21 days
242-1109-Lot 13C Duncan Dr (Joseph Barbagallo)(Neve)
This NOI was for the purpose of constructing a portion of a dwelling driveway, install utilities,
construction of retaining walls, and to install a foundation drain Mr Paquette stated that he was satisfied
Ji with the project as proposed Mr Lynch had a question about the retaining wall near the house On a
motion by Mr Manzi, seconded by Ms Feltovic, the commission voted unanimously to close the public
hearing and issue a decision within 21 days
242-1110- 502 Winter St (Michael Gaglione)(Leah Basbanes)
Mr Paquette requested a data sheet on the isolated wetland Ms Basbanes said it was too small to be
jurisdictional under the Wetland Bylaw Mr Paquette stated the NACC needed this information on the
plan to make a determination Mr Paquette sited the previous project on Duncan Dr which included a
small 1,000 s f isolated wetland which was shown on the plans Mr Mansour inquired about the lack of
a locus map on the plan On a motion by Mr Lynch, seconded by Ms Feltovic,the commission voted
unanimously to continue to 12/12
242-1111 - 200 Chickering Rd (Terra Properties)(Merrimack Eng)
Mr Masse and Mr Manzi excused themselves from the public hearing Mr Lynch assumed the role of
Chairman for the hearing The Applicant is seeking a Comprehensive Permit pursuant to M G L 40 B
and as such believes to be exempt from the local North Andover Bylaws Mr Lynch stated he was in
contact with the Attorney General's Office regarding the applicability of the Wetland Bylaw Mr Lynch
is waiting for a response Mr Lynch is going to follow up on a decision rendered by the Zoning Board
concerning a waiver from the Con Com and why they weren't notified Mr Paquette and Mr Lynch cited
the need for independent stormwater review by a third party Mr Lynch said that Coler& Colantonio
could do the review If they agreed If not,they could get 3 bids for the review Mr Paquette also
mentioned Lisa Eggleston of Eggleston Envir as a new review option The Applicant approved review
by Coler&Colantonio The NACC set an escrow amount of$5K which the Applicant agreed to Mr
Lynch stated for the record that Elvira Curcio was not present at the meeting On a motion by Mr Lynch,
seconded by Ms Feltovic,the commission voted unanimously to continue to 12/12
242-1113- 934 Salem St (William Crabtree)(NE Eng)
Mr Mansour asked Mr Osgood to include sleeve piping under the culvert crossing Mr Paquette asked
Mr Osgood about the location of the trench and how the culverts were going to be crossed Mr Osgood
noted the sewer line would be placed under the culvert and dug by hand Mr Paquette was satisfied with
the project as proposed On a motion by Mr Mansour, seconded by Ms Feltovic,the commission
voted unammously to close the public hearing and issue a decision within 21 days
f 242-1112 -Lot 2, map 106B north of 505 Forest St (Paul Plismski)(Michael Cuneo)
Mr Paquette stated that lot 2 was subdivided from lot 1,creating a limited project for access Mr
Paquette reinforced a letter prepared by former Conservation Administrator to the ZBA Mr Paquette
stated the proposed project would require a waiver of the 25'NDZ Mr Paquette stated that the standards
for a waiver of the 25' NDZ had not been met Mr Paquette noted that this would require a sizeable
waiver Mr Lynch felt it was clear the proposed project would not be permitted under the Wetland
Bylaws Abutter Stephen Crowley stated that he, not the Town, owns the water line on Forest St On a
motion by Mr Lynch, seconded by Ms Feltovic,the commission voted unanimously to continue to
12/12/01
Decisions
242-1108 - 119 Old Farm Rd (Rosemarie Buxton)(Neve)
On a motion by Mr Lynch seconded by Ms Feltovic,the commission voted 5 to 1 to approve the Order
of Conditions as drafted
On a motion by Mr Lynch seconded by Ms Feltovic,the commission voted unanimously to adjourn
V