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HomeMy WebLinkAbout1994-12-21 Conservation Commission Minutes NACC December 21 1994 Senior Citizens' Center Present George L Reich Bob Mansour Deborah Feltovic Barbara Varoutsos Al Manzi Joe Lynch Mike Howard, Natural Resource/Land Use Planner Julie Parrino Conservation Associate Minutes Motion by Al Manzi to accept the minutes of December 7 1994 as written seconded by Bob Mansour Unanimous Old Business Butcher Boy (DEP #242-504) Bond reduction/Abutters concerns Thomas Yameen Kenneth Yameen Frank Richardson and Frank Smith all Butcher Boy personel present to address the discussion Frank Smith, the pro]e--t supervisor, presented the request for a bond reduction of the $30, 000 presently held by Conservation Frank explained that the vast majority of work has been completed erosion controls have been installed throughout the property and a full drainage system has been installed all the way to the end of Clark Street The wetland replacement area has been completed and inspected by Frank Richardson the wetland scientist working on the replication area The detention basin has not been completed because it is to be placed where the existing Butcher Boy Market stands and will not be constructed until demolition is completed There is a separate bond for this project held by the planning department for $40 000 of which $20, 000 is for the construction of the detention basin Frank Smith is asking for a ninety-percent bond reduction of the $30 000 held by Conservation Wetlands were checked and re-slagged in the summer and verified by Richard Doucette Frank Richardson explained that Richard claimed some areas of the wetland replacement area were showing natural revegetation and maybe not as much mitigation was needed Frank Richardson still proceeded to mitigate at a 3 1 ratio Frank Richardson wanted habitat diversity and constructed a pit and mound ecosystem that would host a variety of wildlife species There is also potential for the creation of vernal pools which will have to be inspected in the spring In November the wetland began to germinate and the likelihood for successful mitigation is high Mike Howard discussed his concerns It was difficult to inspect the wetland replacement area because of the winter conditions He agreed with the hydrologic connection between the wetlands He was also concerned about the lack of paving on site Frank Smith addressed Mike's concerns about paving The site is at final grade and graveled but not yet paved Frank claims that no runoff is traveling onto the abutters property because there is no evidence of silt against the erosion controls The retaining wall is now complete and grading is finished so that potential runoff towards Great Pon3 Road will be prevented This was an issue in the past In July, a construction schedule was submitted but it did not address the construction of a detention basin The Commission requested a new construction schedule that will address the time frame for the proposed work Mr Ragonese, an adjacent abutter to this property, stated his concerns He noted that trenches along Great Pond Road have been filled with silt from the runoff of this project He also claimed that his property is now wet but it never was in the past In addition Mr Ragonese feels that the new replication area is effecting his "dry wetlands" He wants "dry wetlands, not wet ones" Al Manzi questioned Mike Howard about the elevation of the abutters property as compared to the Butcher Boy site Mr Ragonese is also upset over the pipe that was installed to connect the two wetland resource areas Mr Ragonese feels the installation of the pipe was an after thought It was explained that the pipe was simply replacing a "dysfunctional" one Bob Mansour explained that under Massachusetts law there had to be a hydrologic connection between the two wetland resources and thus the reason for the pipe The pipe was part of the mitigation plan for the project Frank Richardson also explained that the mitigation area also drains to the North easterli side of the property A letter signed by Mr Ragonese dated July 31 1989 was mailed to DEP which addressed his concerns over the hydrologic connection between his wetland and that on the Butcher Boy site He felt his wetland would be cut off from a hydrologic connection due to project construct-on Mr Ragonese agreed that he signed the letter but that Metcalf and Eddy Associates had written it and he was unaware of what it entailed George Reich stated that as far as the NACC is concerned "If Mr Ragonese signed the letter, he wrote it" Mike Howard also addressed the large piles of brush and trees that were in the wetland behind Mr Ragonese's house Mike explained that any work within the wetland needed a permit Mr Ragonese askec George Reich if he could pick up dead trees that have fallen in his wetland George replied yes but that any cutting would require a permit Al Manzi offered that the Conservation Commission would delineate Mr Ragonese's wetlands so that he would be aware of his boundaries Mike Howard will inspect the property in spring to check for runoff onto the abutters property George Reich suggested that it was to premature for a bcnd release Mike Howard felt the site was stable but could not make a recommendation for a bond reduction amount Bob Mansour motioned to reduce the bond from $30 000 to $10 000 seconded by Al Manzi 5-0-1 George Reich abstained New Business North Andover Heights (DEP #242-642) Minor Modification Curt Young and Jin Bagley present Kurt discusssed the modification for lot 17 which is presently under construction The original grade of land is different than what was shown on the site plan The house was moved forward to reduce the tree cutting, slopes and grading The intent is to move the house further down the slope The 25-foot and 50-foot no-cut and no-build zones will still be maintained and M_ke Howard feels the change will not impact any resource areas Al Manzi motioned to accept the minor modification seconded by Deb Feltovic Unanimous The loam pile on lot 45 at North Andover Heights was also discussed There zas been some erosion off the pile in the past but a second row of haybales and silt fence has been installed Kurt Young does not feel the pile will cause major problems The pile can be removed but it might cause more damage removing it Al Manzi addressed the vernal pool across the street Last year the vernal pool had been flooded and silted and immediate repair was taken Only 80 percent of the silt was removed from the pool and Al questioned why further action hasn't been taken a year later Kurt Young agreed that the erosion controls around the pool have failed in the past and tzat it is impossible to prevent all the silt from going into the vernal pool Kurt claims there is presently a 1 inch layer of silt in the pool on top of the leaf litter The area needs to be cleaned out when there is a stable surface around it Kurt proposed to clean out the pool at the end of the pro3ect and buffer it as much as possible during it Another row of staked haybales will be placed around the pool A $25,000 bond is held for this file George Reicz motioned to issue a written violation requiring the loam to be moved in the spring under the supervision of Mike Howard and also the second row of erosion controls around the vernal pool seconded by Al Manzi Unanimous North Andover Estates (DEP #242-585) Extension of Order of Conditions The Order of Conditions for this file will expire in late spring and Kurt discussed that in a few months the project will re-apply for an extension permit Lot 26 Vest Way (DEP #242-607) Certificate of Compliance The builder John Mangano present for discussion A certificate of compliance has been requested for this lot Mike Howard addressed his concerns raised from a site inspection Mike explained how an area of lawn is devoid of vegetation and described the area behind the retaining wall where the silt was running down the slope A pile of loam and hay is also at the top of the slope and Mike asked that it be removed Motion by Bob Mansour to issue a conditional compliance upon a satisfactory site visit by the Administrator seconded by Al Manzi Unanimous Lot 1 Old Village Lane (DEP #242-659) Partial Bond Release Ben Osgood Jr present seeking a bond reduction of $1, 000 Inspection indicated that grass is not stable and silt fence needs to be repaired In addition debris was requested to be removed from the wetland Motion to reduce the bond from $2 000 to $1 000 under the condit_ons that erosion controls are re-installed and debris removed seconded by Joe Lynch Unanimous Lot 27 Candlestick Road (DEP #242-641) Certificate of Compliance Tom Neve present representing Bob Janusz A portion of the houses' driveway is in the Buffer Zone Site Inspection indicated lot is stable and in compliance Mike Howard questioned the stability of the driveway next door Not yet paved Motion by Al Manzi to issue a Certificate of Compliance seconded by Deb Feltovic Unanimous Lot 10A Pine Ridge (DEP #242-701) Partial Bond Release Ben Osgood Jr present seeking a partial bond release The bond was placed higher for the construction and stabilization of a long driveway and rip-Yap wall along the slope of the driveway Driveway is stable and in compliance Motion by Al Manzi to reduce the bond from $5 000 to $3 , 000 seconded by Bob Mansour 5-0-1 Barbara abstained Lot 5 Cranberry Lane (DEP #242-596) Certificate of Compliance Ben Osgood Jr present A $1000 bond still remains on the house Site has been inspected and is stable Motion to issue a Certificate of Compliance by Al Manzi seconded by Deb Feltovic Unanimous Rocky Brook Estates (DEP #242-392) Partial Compliance Site has not been inspected therefore compliance will be continued until the next meeting Lot 3 Shannon Lane (DEP #242-279) Certificate of Compliance Dan O'Connel from Christiansen and Sergi present Lot must be inspected therefore a continuance is needed Order of Conditions expires December 31 1994 and Dan requests an extension to the Order New plans were submitted showing the replication area Motion by George Reich to extend the OOC to January 18 1995 seconded by Al Manzi Vote Unanimous Lot 3 Wagon Wheel (DEP #242-593) Modification Dan Betty present to represent the modification of lot 3 Lot 3 will be eliminated and lot 2 and 4 will be enlarged Motion by George Reich to accept the lot line change as a minor modification seconded by Al Manzi Unanimous Public Hearings Request for Determination Bradford Street Anne Mohnkern Renshaw RDA Jerry Foley from Belanger and Foley Inc present Submitted plans delineating a large wetland off of Bradford Street of which 15 acres is in the Town of North Andover and 95 acres are in Boxford Wetlands flagged by Steve Ericson of Norse Environmental George Reich stated the plan is required to be at a 111= 40 'scale Plans at this scale must be submitted before wetland line can be checked Al Manzi stated that in the future he will require soil testing on the hill to determine soil conditions and slope stability according to the Town's wetland bylaw Filing fee is $25 00 for every 100 linear feet of wetland Extension agreement was signed between Jerry and the Commission Notion by Al Manzi to continue to the January 18 1995 meeting in order to verify wetland line seconded by Deb Feltovic Unanimous Applicant must submit the plans in the required format and must also recalculate and remit the proper filing fees Lot 1-6 Salem St (DEP #242-721) NOI Continued Les Godin from Merrimack Engineering was present Drainage calcs have been submitted and Les requested the public hearing be closed The Commission needs to review the calcs because they have ]ust been submitted for review George Reich asked Mike Howard to discuss with Katzleen Colwell and acquire a set of calculations with Planning Board as well as a summary of the Boards findings Motion to continue to the next meeting by Al Manzi seconded by Deb Feltovic Unanimous Lots 1-14 Hidden Pond (DEP #242-718) NOI Continued Tom Neve present representing Dave Kindred Drainage calcs have been submitted for review to Coler & Colantonio consultants At the planning board meeting DPW and Planning approved reduced shoulders for the road coming off Wintergreen A 2 1 side slope along the wetlands will be constructed A retaining wall will be built along Mr Jonka's property A reduction in road width at the cul-de-sac will allow for a 15ft no-cut zone to the wetlands Discussion arose of shortening the common driveway for lot 5 and 6 If the road is shortened the houses will have to be closer to the wetland resource areas Tom Neve does not want to shorten the driveway and has agreed to use tight erosion controls to buffer the wetland The driveway construction for lots 5 and 6 will be a separate Notice of Intent filing The driveway will be constructed so that it slopes away from the wetland The wetland near lots 5 and 6 can be characterized as a Bordering Land Subject to Flooding which dries out in the summer The Planning Board will be issuing a rough draft of conditions in early January Discussions arose in the past of an entrance off Duncan Drive A large wetland resource area would have to be impacted in order to enter from this road George Reich is uncomfortable with the common driveway so close to the wetland He would like to see at least a 15-foot buffer between the wetland and driveway The fee for the hired outside consultant will be submitted by Neve Associates to Mika Howard who will submit it to Coler & Colantonio Motion to continue to January 18 1995 by Bob Mansour seconded by George Reich Unanimous Lot 3 Candlestick (DEP #242-719) NOI Continued Dan O'Connol from Chrisiansen and Sergi present Wetland flags have been re-checked and delineations have been verified Motion to close the public hearing and issue a decision within 21 days by Bob Mansour seconded by George Reich Unanimous Nadine Lane Subdivision (DEP #242-724) NOI Continued Dan O'Connoll from Christiansen and Sergi present New plans were submitted showinc the additional house filings and placements of erosion controls along with the topography Haybales are presently staked in the 15-no-cut zone and should be placed in front of this zone New filing fees have been recalculated Bob Mansour questioned additional catch basins No decks will be constructed in back of the houses, possibly on the side Foundation drains need to be installed for the houses and the applicant will have to submit a modification in the future Motion by Joe Lynch to close the public hearing an3 issue a decision in 21 days seconded by Barbara Varoutsos Unanimous Lot 36/37 Sugarcane Lane (DEP #242-726) NOI Continued Les Godin from Neve Associates present Site inspected by Mike Howard to check delineations Flags staked on the plan and in the field Mike Howard agreed with wetland line Motion by Joe Lynch to close the public gearing and issue a decision in 21 days seconded by Deb Feltovic Unanimous Penni Lane Lot B Notice of Intent Dan O'Connoll from Christiansen and Sergi present Proposal is for the construction of a single family home driveway and grading The planning department had a set of plans showing a vegetative easement betweer the proposed lot and the neighbors lot Conservation plans did not display this easement but representative had no problem incorporating in on the Conservation plans The wetland needs to be re-flagged so that it can be verified by Mike Howard Mr Fanuelle an abutter is concerned about the vegetative buffer and other planning issues Joe DiBlasi is an abutter concerned about the flow of water towards his property The driveway will be constructed so that it will sheetflow water over the lawn towards the wetland Phil Christiansen is in discussion with FEMA to address whether or not this area is in the floodplain Motion by Joe Lynch to continue to January 18 1995 seconded by Deb Feltovic Forest Street Lot 5 Notice of Intent Dan O'Connoll from Christiansen and Sergi present Bill Barret the builder also present Proposal is for a single family home in the Buffer Zone DEM who is an abutter to the lot contacted Mike Howard and notified him that they were not contacted for the NOI filing The lot has been cleared and erosion controls were not installed prior to clearing Bill Barret was not aware that he could not cut the trees until he presented his pro]ect to Conservation There is question of whether the adjacent lots are also jurisdictional Motion by George Reich to continue to the next meeting seconded by Deb Feltovic Unanimous Den Rock View Subdivision Notice of Intent Dan O'Connoll from Christiansen and Sergi present There is a previous filing for this subdivision for the roadway construction This filing is for houses on lots 1, 2 3 4 6 7 & 8 Motion by Bob Mansour to close the public hearing and issue a decision in 21 days, seconded by Deb Feltovic Unanimous Decisions Lot 3 Candlestick Motion by George Reich to accept the decision as drafted seconded by Barbara Unanimous Nadine Lane George Reich will draft the decision Lot 36/37 Sugarcane Deb Feltovic will draft the decision Den Rock View Subdivision Bob Mansour will draft the decision Motion by Bob Mansour to adjourn at 11 00 o'clock seconded by Barbara Varoutsos. George Reich, Chairman I