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Home My WebLink About2001-12-12 Conservation Commission Minutes Conservation NACC Minutes DPW Conference Room, 384 Osgood St,North Andover 12/12/01 Members Present Scott Masse, Chairman,Albert Manzi, Jr, Vice Chairman, Joseph Lynch,Jr, Deborah Feltovic, Beth Wescott, and John Mabon and Robert Cerchione,Associate Staff Present Richard Paquette, Jr, Conservation Administrator and Linda Magee, Secretary Members Absent Robert Mansour and James Demotses, Associates The meeting was called to order at 7 00 P M Minutes under review 7:00 P.M. General Business: NACC#6-OOC Modification&COC Request 52 Sail Way(Eugene Piacentim)(Civil Const Mgt)cant fr 11/28/01 Mr Lynch requested clarification on the Modification and Mr Paquette defined the change and recommended to issue the request On a motion by Mr Manzi, seconded by Ms Feltovic,the NACC voted unanimously to grant the Modification as drafted Mr Paquette stated the project is in compliance and recommended to grant the COC contingent upon payment of$50 00 from the Applicant before bond can be released for modification On a motion by Mr Manzi, seconded by Ms Feltovic,the NACC voted unanimously to grant the Certificate of Compliance as drafted 242-784- OOC Modification Request Lot 4 Nutmeg Ln (NE Eng)cont fr 11/28/01 Mr Paquette stated the project is in compliance and recommended that the NACC modify the OOC On a motion by Mr Manzi, seconded by Mr Mabon,the NACC voted unanimously to grant the Modification as drafted 242-784- OOC Modification Request Lot 32 Thistle Rd (NE Eng)cont fr 11/28/01 Mr Paquette stated the project is in compliance and recommended that the NACC modify the OOC On a motion by Mr Manzi, seconded by Mr Mabon,the NACC voted unanimously to grant the Modification as drafted ` 242-792 - COC Partial Request&Bond Release for Woodlea Estates Lot's 2A, 3, 4, 5, 6, 7, 8 9, 10 and 11(Ashwood Co )cont fr 11/28/01 Lot's 6, 7, 8, 9, 10, & 11 were withdrawn by Representative Carl Kasierski,and will be submitted at a later date The Applicant requested PCOC's for lots 2A, 3, 4, & 5 Mr Paquette stated that lots 2A,3, 4, & 5 are in compliance with the OOC and recommended that the NACC issue the PCOC(s) Mr Lynch pointed out that there were serious concerns in the past and Mr Manzi stated that the NACC had a more relaxed position about the current Applicant's performance On a motion by Mr Manzi,seconded by Ms Feltovic,the NACC voted unanimously to grant the Partial Certificate of Compliance(s)as drafted The Applicant(represented by Leah Basbanes)also requested Bond Release for lots 2A,3, 4, & 5 Mr Paquette recommended the release and with the NACC,determined the amount of Bond Release(for lots, wetland restoration,and roadway) On a motion by Mr Manzi, seconded by Ms Feltovic,the NACC voted unanimously to release$15K for the lots, $5K for restoration and$1OK for the roadway leaving 2 1 K plus interest to cover 7 lots, contingent upon the receipt of the recording instrument number 242-945 -PCOC Request Lot 2 Keyes Way(North Andover Realty Corp)(Christian& Sergi) cont fr 11/28/01 Mr Paquette stated the project is in compliance with the OOC and recommended that the NACC issue a PCOC On a motion by Mr Mabon, seconded by Ms Feltovic,the NACC voted unanimously to grant the Partial Certificate of Compliance as drafted s 242-992- COC Request 1160 Great Pond Rd (Brooks School)(Richard Kaminski)cont fr 11/28/01 Mr Paquette stated the project is in compliance with the OOC and recommended that the NACC issue a COC On a motion by Mr Mabon, seconded by Ms Feltovic,the NACC voted unanimously to grant the Certificate of Compliance as drafted ............... . 242-1014- COC Request 288 Foster St (Timothy Goland)(NE Eng)cont fr 11/28/01 Mr Paquette stated the project is in compliance with the OOC and recommended that the NACC issue a COC On a motion by Mr Mabon, seconded by Ms Feltovic,the NACC voted unanimously to grant the Certificate of Compliance as drafted 242-1046- COC Request 314 Rea St (Ernest Alveraz)(Merrimack Eng)cont fr 11/28 Mr Paquette stated the project is in compliance with the OOC and recommended that the NACC issue a COC On a motion by Mr Mabon, seconded by Ms Feltovic,the NACC voted unanimously to grant the Certificate of Compliance as drafted 242-1003 - COC Request 100 Salem Turnpike(LE Tribune)(VHB) Mr Paquette stated the project is in compliance with the OOC and recommended that the NACC issue a COC On a motion by Mr Mabon, seconded by Ms Feltovic,the NACC voted unanimously to grant the Certificate of Compliance as drafted 242-991 - Bond Reduction Request 140 Willow St (Dogleg Realty trust)(West Envir) Mr Paquette said that he did not complete his review and recommended the NACC continue the Bond Reduction Request to the next public hearing On a motion by Mr Manzi, seconded by Ms Feltovic,the NACC voted unanimously to continue to 12/26/01 242-969- OOC Modification Request 1212 Salem St (Ted Hanley)(Hancock Envir) Mr Paquette said that he did not complete his review and recommended the NACC continue the OOC Modification Request to the next public hearing The Applicant was concerned because he did not receive communication notifying him that his case was going to be continued Scott Masse said if there were no issues the Applicant would not have to be present at the next meeting On a motion by Mr Manzi, seconded by Ms Feltovic,the NACC voted unanimously to continue to 12/26/01 242-1024- COC Request 5 Skyview Terrace(Andrew Chabin)(Howe Surveying Assoc) Mr Paquette said that he did not complete his review and recommended the NACC continue the Certificate of Compliance Request to the next public hearing On a motion by Mr Manzi, seconded by Ms Feltovic,the NACC voted unanimously to continue to 12/26/01 Decision 242-1087 - Lawrence Airport Industrial Park(Epsilon Assoc) Mr Paquette proposed a Bond amount of$30K and the NACC stated it was too low citing a concern if the V-notch weir fails downstream Mr Manzi suggested a$100K Bond Mr Masse stated the Applicant would probably appeal Mr Masse stated it would be considered a town project and the Town of North Andover would be a partner collecting taxes The bond was recalculated by the NACC as follows $30K stream bed restoration, $28K labor&machinery, &$39,150 00 for the Bordering Vegetated Wetland Mr Lynch suggested applying the entire Bond to the OOC so when the Applicant(s)applied for a COC, it would secure the stability of the project, and the satisfaction of the NACC Mr Lynch stated his concern citing another projects disaster because the sewer forcemain&stormwater management was not put into place early enough on into the project Mr Paquette stated future work on individual lots was not permitted under this OOC Mr Paquette read from condition 32 in the OOC,"A revised site plan depicting compliance with the 25' NDZ shall be submitted prior to construction" On a motion by Mr Manzi, seconded by Ms Feltovic,the NACC voted 5 to 1 to approve the Order of Conditions as drafted On a motion by Mr Manzi, seconded by Mr Lynch, the NACC voted unanimously to recess until 8 00 PM On a motion by Mr Manzi, seconded by Mr Lynch, the NACC voted unanimously to resume the meeting 8:00 P.M. Public Hearings: Notice of Intent(s) 242-1065 -Boxford St 104D Town of North Andover(Ben Gary) Mr Paquette recommended a continuance to the next public hearing based on the miscommunication from the Town Consultant Mr Paquette requested 50'NDZ, 75'NBZ, and the Vernal Pool to be depicted on the Plan Representative, Ben Gary will submit revised plans On a motion by Mr Manzi, seconded by Ms Feltovic,the NACC voted unanimously to continue to 12/26/01 RDA's Saville St Map 98D(RKACO LLC Robert Ahern)(Seekamp Envir) Applicant, Robert Ahern, needed to revise the Site Plan per discussion with the Conservation Administrator Mr Paquette recommended a continuance to the next public hearing on 12/26/01 Notice of Intent(s) 242-1110- Order of Resource Area Delineation Request 502 Winter St (Michael Gaglione)(Leah Basbanes) Mr Paquette stated the Applicants revised plans were satisfactory and recommended that the NACC issue an Order of Resource Area Delineation On a motion by Mr Manzi, seconded by Ms Feltovic,the NACC voted unanimously to close and issue an Order of Resource Area Delineation as drafted 242-1099- Rte 114 Turnpike St (Mesrti Devel)(Marchionda) Representative Paul Marchionda provided an update for the NACC on the status of the project The NACC questioned the underground detention area required by the Planning Board Mr Marchlonda stated it was strictly for aesthetic reasons Mr Marchionda stated he will also submit a detailed erosion control in 5 phases from Jan-April to be included in the new submittal Mr Marchionda requested a continuance to the 1/9/02 NACC public hearing On a motion by Mr Manzi, seconded by Ms Feltovic, the NACC voted unanimously to continue to 1/9/02 242-1058 -Lot 13 Nutmeg Lane-map 38 parcel 284(No Andover Land Corp)(B Osgood,Jr) Mr Paquette asked Mr Osgood to look for alternatives that would minimize the Buffer Zone disturbance Mr Osgood proposed a reduced structure to increase the offset from 29' to 30'and the stone wall was moved to the 25' NDZ and will be allowed to revegetate The Wetland Replacement Area was designed to mitigate the location of the house in the NBZ Mr Paquette recommended a continuance to the next public hearing On a motion by Mr Manzi, seconded by Ms Feltovic,the NACC voted unanimously to continue to 1/9/02 242-1098 - 131 Cricket Lane(Rex&Eva Pajela)(Merrimack Eng) h Mr Paquette noted the gazebo and pool were outside and in compliance with the 50'NBZ and the 25'NDZ Mr Mahon asked if it was part of Walnut Ridge Representative Robert Daily replied it was an existing home, and that this particular lot is a completely new filing Mr Paquette stated he had no further issues with the project and recommended that the NACC close the public hearing On a motion by Mr Manzi, seconded by Ms Feltovic,the NACC voted unanimously to close the public hearing and issue a decision within 21 days 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 Mr Lynch stated he is still waiting confirmation in writing from the Attorney Generals Office regarding the applicability of the Wetland Bylaw Mr Mmicucci stated this was a New England Fund on an approved list, not a local initiative,enabling them to apply for a 40 B Mr Lynch wanted it stated for the record that he will follow up on a decision rendered by the Zoning Board concerning a waiver from the NACC and why they weren't notified in an official capacity He will contact Mr Sullivan about surrendering bylaw correspondence from the ZBA about waiver restrictions that are inconsistent with local needs Robert Levy,Legal Counsel for the project stated that the Zoning Board has the final say Mr Lynch stated that Mr Urbelis,Legal Counsel for the Town of North Andover, needs permission from the Board of Selectmen to get the opinion of Counsel The NACC wants to investigate conservation representation at prior meetings and any correspondence from a previous administration Mr Cerchione will assist with the research A stormwater management review will be submitted by Coler&Colantonio Mr Lynch also stated for the record that Elvira Curcio was not present at the meeting Mr Minicucci stated that total housing stock should be 10%and North Andover is not in compliance The applicant will submit revised plans Mr Paquette recommended providing plans at 20' scale for key areas and cross section of detail of work Mr Paquette recommended a ` continuance to the next public hearing On a motion by Ms Feltovic, seconded by Mr Mabon,the NACC voted unanimously to continue to 1/9/02 Mr Masse and Mr Manzi returned to the public hearing Mr Masse assumed the role of Chairman for the rest of the Public Hearing Y Notice of Intent(s) 242-1112-Lot 2, map 106B north of 505 Forest St (Paul Plisinski)(Michael Cuneo)cont fr 11/28/01 The Applicant submitted an alternative Plan, and asked that the NACC not consider it as a viable alternative Mr Plismki stated even though the original plan had more impact on the wetlands,the original Plan is what he wants the NACC to consider Mr Masse and Mr Manzi tried to explain that the NACC would logically consider the viable alternative resulting in less wetland impact if one was available Mr Masse wanted it noted for the record that the alternative Plan was submitted for information only, and the NACC would only act upon the last proposal Mr Masse stated the NACC legally can only consider what has been presented On a motion by Mr Mabon, seconded by Ms Feltovic, the NACC voted unanimously to close the public hearing and issue a decision within 21 days The NACC signed a self help grant for The Carter Hill Open Space Land Decision RDA 247 Webster Woods Ln (Michael Newman)(Holmes Pools) On a motion by Mr Manzi,seconded by Mr Mabon,the NACC voted 3 to 1 for a negative Determination of Applicability, including the following conditions (1)move the haybales along 134 contour, (2)stockpiling outside the Buffer zone, (3)the pool to have a cartridge filter, no discharge to approve the Order of Conditions as drafted 242-1095 -Rte 114 Map107A lot 148 (Richard Martel 7 Hills)(MHF Eng) Upon Mr Paquette's request,the Applicant agreed to move the dumpster on to the pump station easement Mr Paquette stated he had no further issues with the project On a motion by Mr Mabon, seconded by Ms Feltovic,the NACC voted unanimously to approve the Order of Conditions as drafted 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 ti As part of their presentation the applicant,stated they are in all compliance Mr Paquette stated he had no further issues with the project Pre-construction conditions will include moving the existing deck back and producing a building permit of existing deck and a current permit Mr Manzi stated that the deck was constructed without a permit within the 1"year, and the pool sits on the wetland line Pending the review, Mr Paquette could deny the waiver due to due diligence on the 25' NDZ On a motion by Mr Manzi seconded by Ms Feltovic,the NACC voted 3 to 2 to approve and 1 abstain,the Order of Conditions as drafted&amended 242-1106- 190 Farnum St (Paul Battalagme)(NE Eng) Upon Mr Paquette's request,the applicant agreed to move the shed out of the 50'NBZ Mr Paquette stated he had no further issues with the project Bond was set at$15K On a motion by Mr Mabon, seconded by Ms Feltovic,the NACC voted unanimously to approve the Order of Conditions as drafted 242-1109- Lot 13C Duncan Dr (Joseph Barbagallo)(Neve) On a motion by Mr Mabon, seconded by Ms Feltovic,the NACC voted unanimously to approve the Order of Conditions as drafted 242-1113- 934 Salem St (William Crabtree)(NE Eng) Bond was set at$5K On a motion by Mr Mabon, seconded by Ms Feltovic,the NACC voted unanimously to approve the Order of Conditions as drafted On a motion by Mr Manzi seconded by Ms Feltovic,the NACC voted unanimously to adjourn