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Home My WebLink About1994-09-21 Conservation Commission Minutes e r � r NACC MINUTES SEPTEMBER 21 1994 ti PRESENT , George L Reich Barbara Varoutsos Kevin Foley Deborah Feltovic Joseph Lynch Albert P Manzi, Jr Susan Ford, Acting Administrator Julie Parrino Acting Administrator r MINUTES r v � Motion by A Manzi and seconded by D Feltovic to accept the minutes of the September 7 1994 meeting OLD BUSINESS North Andover Estates (242-585) - Discussion Curt Young of WPI -, and Paul Webber of Toll Brothers appeared before the Commission to discuss the continuous erosion runoff problem at North Andover Estates Mr Young conducted a site visit on Saturday September 17, duringfta rainstorm The applicants submittedlaxthree-page erosion control letter updating improvements � oA Manzi claims significant progress has been made since last week Paul Webber stated Ithat there is a new contractor on site ,,everyday can address the problems A list of names hand addresses of contact persons will be given to the Commission to uses on emergency situations Discussion of violation letters to be sent tolp #50 and, #46 over concerns of debris being dumped into £ bordering vegetated wetlands Paul Webber received a complaint on Lot 85 Holly Ridge He will address complaint and clean up 11#280 Dale Street - Discussion Discussion overland to be purchased by Town, Land surrounded by wetlands and 'Town' considering, purchasing Thee`Commission would like owners to recommend a price The Commission will continue this matter to a future meeting NEW BUSINESS Loti20A Equestrian Estates (242-703) - Discussion r 4- The Commission discussed the Complaint filed at the Essex County Superior Court by thelNichols h S r r NACC 9/21/94 PAGE 2 Lot 27A (#31) Tanglewood Lane - Discussion Beth Ellen and Brian Hopkins want to regrade the property in back yard because of steep drop-off Steve D'Urso flagged the wetlands in rear of property Commission needs a site walk to determine wetland boundary and how far it is from the proposed work Questions of whether the lot is in the FEMA flood zone A Manzi will conduct a site visit Lots A.B.0 Marbleridge Rd (242-661) - Compliance David Kindred appeared before the Commission requesting compliance Mction by K Foley and seconded by A Manzi to issue Certificate of Compliance Vote 5-0-1 G Reich abstained Lots 2. 3 and 4 Boxford Street (242-663 David Kindred requested compliance for Lots 2 3 4 Boxford Street DEP 242-663 Susan Ford and Julie Parrino will conduct a site visit and report to the Commission #1780 Osgood Street - Bond Release Applicant was not present to discuss this request Motion by A Manzi and seconded by K Foley to continue to October 5 1994 Vote unanimous Lot 5 Sullivan Street - Bond Release The Commission requested that Phil Christiansen attend the next meeting to address questions concerning PE letter which was sent to the Commission to request Release of Bond The Commission stated the area had metal debris and tree stumps in buffer zone which is in a state of non-compliance Liberty Hills II - Compliance George Secchiaroll the applicant appeared before the Commission with a letter from a Wetland Scientist He must submit a PE letter in order to receive compliance Sunrise Estates - Discussion Bill Bergeron of Hayes Engineering was present as was Don Johnston Applicant would like to use existing pipe as a hydrologic control for stormwater detention basin BMP encourages wetlands to be at the base of drainage Increased water runoff will create a pond and increase BVW around detention basin Commission concerned with siltation entering the new expanded area J Lynch questioned other alternative NACC 9/21/94 Page 3 The applicant must consider 25' no-cut zone from new expanded wetland Sump will be installed prior to construction All Commission members agreed with the exception of A Manzi to the proposed use of existing pipe and wetland PUBLIC HEARINGS Determinations Lot 8 Hillside Rd - House Curt Young presented new plans with new wetland boundary's dated September 21 1994 A Manzi agreed with delineation M Busky abutter was present Due to new delineation house was taken off plan Motion by K Foley to issue a Positive Determination of Applicability seconded by A Manzi Vote unanimous Lot 12 ( 125) Rea Street Ellen and Joseph Anderson the applicants were present Proposal is to construct a 3-car garage and convert existing garage into a room Mosquito Brook is located in rear of house Kenny Rae will be doing excavation A Manzi states that proposed work is more than 150 ' from wetlands A Manzi made a motion for Negative Determination of Applicability seconded by G Reich Vote unanimous Lots 141-147 Maplewood Avenue J Lynch is representing and working for Louis Minicucci therefore he abstained all his privileges and rights as a commission member Applicant has a Purchase and Sale Agreement for lots 141-147 for the construction of a single family home with a driveway located through a 'paper street' known as Maplewood J Lynch referred to the paper street as a dumping ground for leaves and debris by abutters Former Conservation Administrator Richard Doucette walked the site on August 30 and found no vio_ations because the area was not considered a resource area and wetland vegetation was not observed Mr Steve Breen inter3ected and noted the misprint of location in the legal notice for this evenings hearing The notice was not posted in the North Andover Citizen on the 14th but rather on the 21st G Reich recognized the hearing must be continued but gave the abutters a chance to address their concerns 0 Joe Lynch noted that the place of the meeting was at the Senior Center that there was a sign posted at the Senior Center noting change of venue to the Library Conference Room and there was a NACC 9/21/94 PAGE 4 sign posted on the Library Conference Room noting the meeting The applicant is filing for a Request for Determination despite earlier negative findings of resource areas Abutters claim area flooded in the spring and land is indeed wetland Many abutters were present to support that area is seasonally flooded Some abutters that were present were Mr Gartside Milton Long the Dohertys, Mr Willis E Doherty claimed the town dug the trench known as the paper street In the past the trench was maintained by DPW but abutters claim it hasn't been maintained for years Mr Hart acknowledged he recently built a garage on his own property which he now claims is part of the area in question Motion by A Manzi and seconded by D Feltovic to continue until October 5 1994 to allow a site visit by the Commission The site walk is scheduled for 9/26/94 at 6 00 P M The Town to hire WPI to conduct site walk Notices Lot 2 Halifax/Den Rock (242-710) Phil Christianson was present He stated the area was reflagged on Friday and was confirmed by WPI New plans showed houses and grading work John Magarion discussed the donation of land proposed to planning Site visit of area has to be conducted Motion by D Feltovic to continue to October 5 1994 seconded by K Foley Vote unanimous Den Rock View Sub /Dryad & Belfast (242-711 Phil Christianson was present to discuss this request with the Commission Motion by K Foley and seconded by D Feltovic to continue to October 5 1994 Vote unanimous Lot 2, 2A Abbott Street (242- John Soussa and Steve D'Urso were present A Manzi and J Lynch visited the site and had questions regarding the delineation of flags A 1-3 A-3 was moved to the left of the stream but was placed on the right side of the stream on the plan The Commission feels there is BVW beyond where the bank is flagged Only 16 ' from flags to left of driveway Waiver will be needed for the construction of the driveway G Reich suggested the Commission hire their own consultant to delineate the boundaries Steve D'Urso asked to re-evaluate the delineation and present findings prior to October 5 1994 Questions by Ms Ford an abutter as to whether this lot has been denied before Motion by A Manzi and seconded by K Foley to continue to October 5 1994 Vote unanimous s s NACC 9/21/94 PAGE 5 Lot A Foster St (242- Z F Applicant was not present for discussion Motion by A Manzi and seconded by K Foley to continue to October 5 1994 Vote ? unanimous Andover Sportman's Club (242-713) Steven Ericson was present to discuss replication wetland area of BVW Aerial photos werek taken in 1990 and were used to locate the original wetland area that has now been filled 3 062 s f was filled R Doucette previously walked the site and looked at proposed replication area Replication area will be 4 463 s f and consist of a" red maple swamp Rep does not want to replant area with wetland sPecies but rather have wild vegetation revegitate the newly created wetland within two growing seasons Will replant area if regrowth does not occur A Manzi made a motion to close,, the hearing and issue a decision in 21 days, seconded by K Foley Vote, unanimous Lots 1-6 (#989) Salem Street Applicant was not present for discussion Motion by A Manzi and seconded by K Foley to continue to October 5 1994 Vote unanimous Lot 32 (#80) Campbell Road # { Mr David Hope was present he stated he is a relative of the landowner There was a violation noticed.1by former Conservation Administrator Richard Doucette in the past The wetland area was filled but has now been plantedA' with� wetland species The proposed work has been completed A o Manzi made a motion to close the hearing and issue a decision in 21 days seconded by K Foley Vote unanimous' ' r Lot 7 Old Cart Wav Ron Pica of; R J+ Pica Engineering was the representative present Proposing a 3-bedroom dwelling 76 feet' away' from wetland WPI flagged wetland Many concerned abutters addressed the possibility that wetlands located one the Harold Parker State Forest are within 100 ' of the proposed site Site visits were to be scheduled to determine wetland line ), Abutters concerned with the additional runoff this proposed lot will cause Claim runoff controls (grass swale) originally proposed for the subdivision was not carried through The 30-foot house set back was also in question because the subdivision covenant' defines a 50 ' setback Thefiling is incomplete ass the applicant has not applied for permits (building health) a A f NACC 9/21/94 PAGE 6 s y J Lynch made a motion to continue to October 5 ,, 1994, at which time proof of these applications must be submitted seconded by K Foley Vote unanimous #557 Boxford Street The applicant is requesting to repair existing septic system Order of Conditions dictated to Administration K Foley made a motion to Issue Order of Conditions as written seconded by A Manzi Vote unanimous K Foley made a motion to close the public hearing and issue a decision within 21 days seconded by A Manzi Vote unanimous The meeting ad3ourned at 12 15 A M P George Reich Chairman x t x