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HomeMy WebLinkAbout1991-10-02 Conservation Commission Minutes • NACC MINUTES OCTOBER 2 1991 PRESENT George Reich Chairman Paul Tariot Alison Brewster V-Chair Carl Schoene Robert Mansour Richard Milliard Anne Kasprzyk Act Admin MINUTES P Tariot moticned to adopt the minutes of September 6 and September 18 as amended seconded by A Brewster Passed unanimously OLD BUSINESS Lots #10A & #11A Boxford Street (#242-537) - Compliance P Tariot motioned to issue a Certificate of Compliance Seconded by R Milliard, passed unanimously Lot #61 Coventry Est II (Newcastle) (#242-385) - Part Comp No representative no action NEW BUSINESS Disc Wetland Restrict for Lot #3 Berry St (#242-5501 No representative However Commission feels language use for Bardascino case is appropriate Discussion of Heritage Estates (#242-320) -Denial of a Request for an Extension Bob Haverty Commission felt that Mr Haverty should not have missed deadline A memo from Karen Nelson was read P Tariot stated that the Commission has no discretion to grant extension of expired Order An extension was granted before when Order of Conditions was expired P Tariot stated if DEP states in writing that it is okaj for the Commission to grant an extension in this case then the Commission would consider an extension R Mansour stated it would set a bad precedent if extension was granted party should re-file Commission will consider granting an G� October 2 , 1991 Page 2 extension if written notice from DEP states this is within the regulations W_11 put on next agenda to allow applicant to offer any new information Lot #32 Abbott Village (#242-480) - Partial Compliance Representative-Ben Osgood Jr Perimeter drain too close to wetland, work in 25 foot no-cut (201 ) also house closer than proposed R Mansour noted that letter should be from an engineer not a surveyor R Mansour motioned to grant Certificate of Compliance seconded by A Brewster Motion passed unanimously Sewer Line, Chestnut St & Salem Turnpike (#242-444) -Extension Lots #8 ,9&10 Chestnut St & Salem Turnpike (#242-445) -Extension Lots #2 , 3 ,4 ,5, 6&12 Chestnut St & Salem Tpke (#242-446) - Ext Lots #7 & 11 Chestnut St & Salem Tpke (#242-447) - Extension P Tariot motioned to grant a one year extension for the above file numbers Seconded by R Mansour passed unanimously PUBLIC HEARINGS Lyons Way (#242-557) - Notice (Cont ) Mr Jordan from Andover Consultants represented the applicant Pulled drainage discharge pipe back from wetlands at front expanded replication to 2 1 Tight on Lot #7 but will still provide a 50 foot no-build P Tariot motioned to close the public hearing and issue a decision within 21 days R Milliard seconded passed unanimously Lot #6 Pine Ridge Road (#242- ) - Notice (Cont ) Jim Borgeois of Neve Assoc submitted new plan showing location of intermittent stream Indicated that they would move house back to maintain 25 foot no-cut and 50 foot no-build A Brewster and G Reich more concerned with no-cut rather than no-build 100 year flood elevation was wrong on plan and wetland line was not acceptable but no work is proposed in wetland A Kasprzyk noted that the Comm_ssion should not accept wetland line P Tariot motioned to close and issue a decision within 21 days second by A Brewster Passed unanimously Route 114 (S of N Andover Mall) -Determination (Cont ) No haybales and more concrete being put down for sidewalk P Tariot motioned to issue Violation Notice regarding further sidewalk construction and erosion controls (including silt fence) must be established within 24 hours if Administrator deems it necessary Motion seconded by R Milliard passed unanimously Administrator to contact abutters (particularly Steve Connolly) when the Notice of Intent is submitted P Tariot motioned to issue a Positive Determination requiring a Notice of Intent, seconded by R Milliard Motion passed unanimously October 2, 1991 Page 3 #240 Marbleridge Road - Notice Barry McQuade represented the applicant and submitted proof of abutter notification R Milliard summarized project to date D B full of silt pipe is full Work has occurred since Request for Determination was filed More information is required 1 pre- and post-flooding calculations 2 a surveyed engineering plan of existing and proposed conditions 3 a detailed description of additional work proposed 4 and a proposed solution to the flooding problem Al McKeon next door at 260 Marbleridge Road has an open ditch Does he have to file to fill with crushed stoneP The Board answered yes P Tariot motioned to continue until the 10/16/91 meeting Seconded by R Milliard G Reich abstained Motion passed P Tariot motioned to issue an Enforcement Order stating no further work within 100 feet of ditch bridges etc Further work may result in criminal prosecution and fines R Milliard seconded motion G Reich abstained Motion passed #115 Olympic Lane - Determination Proof of notification submitted P Tariot motioned to issue a Negative Determination seconded by R Milliard Passed unanimously A Kasprzyk signed Form U Lot 30A Stagecoach Drive (#242- ) P Tariot motioned to issue the Order of Conditions for Lot #30A Stagecoach as amended upon receipt of a DEP file number R Milliard seconded, motion passed C Schoene abstained OTHER BUSINESS Jay Willis appeared before the Commission expressing concern about drainage construction next to this Woodchuck Hill project He was concerned this might alter the size of the wetlands on his property The Commission requested that A Kasprzyk notify property owner that a Request for a Determination of Applicability must be filed for the drainage swale construction in the buffer zone P Tariot motioned to require that a Negative Determination be recorded if no Form U required (recording is already required under approved Form U sign-off procedure) A Brewster seconded, motion passed P Tariot motioned to ratify the Enforcement Order A Kasprzyk issued on Lot #5 Turnpike St R Mansour seconded motion passed unanimously October 2 , 1991 Page 4 P.Tariot motioned to ratify the Enforcement Order A.Kasprzyk issued on 145 Bradford St. , R.Milliard seconded. Motion passed unanimously. P.Tariot motioned to ratify the letter to R.Aversa of #825 Winter St. issuing a fine, seconded by R.Milliard, unanimous. P.Tariot motioned to issue letter to Christopher Chappell regarding Coventry Estates ( #242-324 , 242-385) . R.Mansour seconded, passed unanimously. A.Brewster motioned to close the public hearing at 10:21 P.M. Approved: October 16, 1991 q'Wurge Ref.("";�h, Chairman