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HomeMy WebLinkAbout1996-01-17 Conservation Commission Minutes North Andover Conservation Commission January 17, 1996 Senior Citizens' Center 7: 00 P.M. PRESENT: George L. Reich Joseph Lynch Albert P. Manzi, Jr. Robert Mansour Deborah Feltovic Joseph Mottola Scott L. Masse STAFF: Michael D. Howard Donna Mae D'Agata Julie A. Parrino Chairman Reich called the meeting to order at 7:00 P.M. MINUTES Motion by J. Lynch to accept the minutes of December 6, 1995 Executive Session, second by D. Feltovic. Vote: 7-0-0. Motion by J. Lynch to accept the minutes of December 6, 1995, second by D. Feltovic. Vote: 7-0-0. NEW BUSINESS 242-743 , Lots 28 & 41 Salem Street. Modification to Order of Conditions and Revised Roadway Cross-Section M. Howard addressed the commission. The applicant is seeking a Modification to Order of Conditions and a Revised Roadway Cross- Section. Steven D'Urso was present and stated that he reviewed the replication area of 10, 000 s. f. The area was brought to grade, however, there has been no planting as of yet. He stated that all the interests of the Act presumed significant to BVW have been provided with the exception of wildlife habitat. M. Howard provided photographs of the area. M. Howard provided a letter dated January 12, 1996 from the environmental monitor, Leah D. Basbanes of Basbanes Associates, to the commission. M. Howard is in agreement that the project is going very well. The Order of Conditions, the Wetland Regs and the plantings were discussed. J. Lynch stated that replication areas need to be attended to before projects are scheduled to begin . M. Howard stated he would like further direction from the commission with respect to wetland replication. G. Reich stated the modification is against the Bylaw. This project required de-watering. The water will go to the storage area. Steve D'Urso stated that the replication area has been built according to the plan and when conditions allow in the spring, planting will begin. The elevation is 97.51 . Dan O'Connell of Christiansen & Sergi stated that the bridge is a few feet narrower and a total of 190 s.f. of wetland alteration is eliminated. The bridge plan was discussed. North Andover Conservation Commission 2 January 17, 1996 A. Manzi is concerned that the replication area may not have adequate flood storage. G. Reich feels that a Major Modification is in order. G. Reich stated the wetland regulations should have been read by the engineer. Al Coulliard stated everything has been done except the planting. M. Howard stated an agent will be on the site and the project will be shut down if there's a problem. A. Manzi stated the replication area is greater than 10, 000 s. f. The bond on the project is $100, 000. R. Mansour and Al Coulliard discussed the steel sheathing. Motion by R. Mansour to allow to the smaller bridge as presented as a Minor Modification and to Issue a Minor Modification, second by J. Lynch. Vote: 6-1-0, G. Reich opposed. Motion by R. Mansour to allow the change of the contractor and to Issue a Minor Modification stating the bridge is smaller, second by J. Mottola, Vote: 6-0-1, J. Lynch abstained. 242-689, Lot 3 Forest Street, Lots 5, 6. 7, 8 & 10 Sharpners Pond Road, Certificate of Compliance Christopher White is seeking a Partial Certificate of Compliance. The commission reviewed the plan. All but Lot 9 have been constructed. The Bond on file is for $18,000. M. Howard stated that he found a violation on Lot 6 (25 ' no-disturbance) . A row of shrubs had to be planted at the top of the slope. M. Howard recommends partial compliances for Lots 5, 6, 7, 8 & 10 Sharpners Pond Road and Lot 3 Forest Street. Motion by J. Lynch to issue a Partial Certificate of Compliance for Lot 3 Forest Street, Lots 5, 6, 7, 8 & 10 Sharpners Pond Road and to reduce the Bond to $3 , 000. 00, second by J. Mottola. Vote 7-0-0. 242-634 , 1737 Turnpike Street. Woodland Estates, Extension to the Order of Conditions No one was present. The commission tabled this matter to the end of the evening. 242-709, Discussion, Kevin Spicer, 677 Salem Street Kevin Spicer was present and addressed the commission. He stated that his house is completely under water because of the pipe that was changed on Abbott Street. Mr. Spicer stated that a 30" pipe was removed by the Department of Public Works and a smaller pipe was installed. The smaller pipe cannot handle the water and flooding occurs. The work occurred approximately two years ago. M. Howard stated there was a change in the pipe and there was also construction in the area. During his site inspection he found an 18" pipe and a 12" pipe at two separate locations. He stated that North Andover Conservation Commission 3 January 17, 1996 the stream is full of debris. He also inspected Lots 2 and 2A Abbott Street. Those sites have little impact on the wetland. M. Howard stated the applicant did everything according to the plan. M. Howard stated he talked with the Director of the Department of Public Works regarding the change in the size of the pipe. The director does not recall a 30" pipe replaced by a smaller pipe. A. Manzi stated the road was worked on within the last two years. Kevin Spicer stated the pipe was 30" and it is now 12" . A. Manzi stated the pipe was changed. Discussion ensued regarding the pipe and the trench. An abutter of 701 Salem Street stated he is familiar with the pipe. He stated someone took the concrete pipe out and PVC pipe was installed. He stated that Lots 2 and 2A have no impact on the flooding problem. Mosquito Brook is being impacted and Salem Street is being flooded. He recommends the pipe be changed back to the larger size. Kevin Spicer stated this was a town project. The new pipe is higher than the former pipe. The work was done in the summer of 1993 . J. Lynch stated the commission should go into executive session with the Public Works Department regarding this project. G. Reich stated that this would violate the open meeting laws. Kevin Spicer stated he has already had $7,000 damage to his home. A. Manzi suggested issuing an Enforcement Order to the Public Works Department and have them change the pipe. M. Howard stated he would meet with Public Works and the outcome will be discussed at the January 24, 1996 meeting. The commission tabled this matter until January 24, 1996. PUBLIC HEARINGS Requests for Determination Boxford Street, Behind #624 , Brookview Country Homes Mike Rosati of Marchionda Associates is present. He represents David Kindred of Brookview Country Homes, Inc. He stated this parcel is 34 acres. He is requesting confirmation of the wetland boundary. The commission reviewed the plan. M. Howard stated he had a difficult time confirming the delineation because of the snow cover. He stated that flags 101 to 462; 314A to 317A; B3 to A17F; 242 to 301 and 244 to 324, hydrologic connection, are approved and future work would require the filing of a Notice of Intent. Access to this site will be off Boxford Street through the Szelest property. Abutters from Duncan Drive reviewed the plan. North Andover Conservation Commission 4 January 17, 1996 Notion by J. Lynch to Issue a Positive Determination for flags 101 to 462 ; 314A to 317A; B3 to A17F; 242 to 301 and 244 to 324, hydrologic connection, only, second by J. Mottola. Vote: 7-0-0. Lot 3 Abbott Street, David Kindred, Flintlock, Inc. John Morin of Neve Associates is present. He represents David Kindred of Flintlock, Inc. Mr. Morin stated that this is one of three filings for lots on Abbott Street. Three filings were submitted to the conservation office, two filings were returned to the engineer as they were incomplete. The filing this evening is for Lot 3 Abbott Street. Lot 3 Abbott Street is approximately 2001 southeast of Marbleridge Road and Abbott Street. A foundation drain is proposed to be installed within 1001 of a bordering vegetated wetland. The house is not within 100 1 of the buffer zone. M. Howard recommends a negative determination with erosion controls. The plan was reviewed by the commission. The foundation drain was discussed. Minimal regrading is to be done in the backyard. Abutters reviewed the plan. Motion by J. Lynch to Issue Negative Determination Subject to Erosion Controls; pre-construction inspection; and stockpiling locations to be approved by the Conservation Administrator, second by D. Feltovic. Vote: 7-0-0. Notices of Intent 242-781, Lot 29C Sugarcane Lane, R. Janusz, Neve Associates Postponed from January 3 , 1996. Mr. John Morin of Neve Associates is present representing the applicant Robert Janusz. New plans were submitted to the commission indicating relocation of wetland flags. The request is for a house, a portion of a driveway, a septic tank, a foundation drain, a garage and regrading within 1001 of a bordering vegetated wetland. In addition, the applicant is seeking a waiver of 381 from the 501 no-construction zone for a deck. All utilities are from Sugarcane Lane. The commission reviewed the plan. Motion by A. Manzi to Close the Public Hearing and Issue an Order of Conditions within 21 days, second by D. Feltovic. Vote: 7-0-0. 242-780, Lot 15A Forest Street, R. Janusz, Neve Associates Postponed from January 3, 1996. Mr. John Morin of Neve Associates is present representing the applicant Robert Janusz. The plan submitted reflects a cross section; a two-foot wide utility trench at flag A14 ; the haybale line is 51 from the edge of wetlands. The plan was discussed with North Andover Conservation Commission 5 January 17, 1996 the engineer. The plan satisfies the outstanding issues. Concerns regarding the trench digging were discussed. Motion by A. Manzi to Close the Public Hearing and Issue an order of Conditions within 21 days, second by J. Lynch. Vote: 6-0-1, Scott Masse abstained. 242-783 .Abbott Street, May 65, Lots 204-207 & 27� Postponed from January 3, 1996. Steven Stapinski of Merrimack Engineering is present representing the applicant Greenleaf Realty Trust. This filing is for the construction of four wood frame dwellings, utilities, bituminous concrete driveways and grading within 1001 of the buffer zone of a resource area. Thomas Laudani stated this filing is a straight forward buffer zone filing. If the sewer is approved on Abbott Street, they would connect. If Abbott Village sewer is not provided at that point in time, a new Notice of Intent would have to be filed. The applicant is not dependent on Abbott Village sewer. J. Lynch stated the plan before the commission is for houses without sewers. J. Lynch stated there is a culvert on Abbott Street that is causing flooding. The discharge will flow into a ditch on the applicants, property. A. Manzi stated the ditches are 50 to 60 years old. Abutters reviewed the plan. Mrs. Ford of 90 Abbott Street stated the culverts go through her backyard. A. Manzi stated the culvert change would be to her benefit. The ditch and culverts on the plan were discussed. Kevin Spicer of Salem Street asked when the flags were put in. M. Howard stated the flags were put up in the summer and approved in the fall. M. Howard stated the water should be directed to the ditches. M. Howard stated he based his site visit on vegetation, soils hydrology and FEMA information. An abutter raised the concern of a bond. J. Lynch stated that the bond to be posted is assurance that provisions of the Wetlands Act are to be adhered to and not for repair on private properties. Motion by J. Lynch to Close the Public Hearing and Issue an Order of Conditions within 21 days, second by D. Feltovic. Vote: 7-0-0. 242-786, 21 Fuller Meadow Road, James T. Paluch This Notice of Intent was filed as a result of a Violation Notice and Enforcement Order being issued to Mr. & Mrs. Paluch at 21 Fuller Meadow Road for the alteration of buffer zone to a BVW. Mr. & Mrs. Paluch propose to install a 201 X 431 pool within the 1001 buffer zone. M. Howard stated his concerns, he feels as though the house is within the flood plain. The former DEP Nos. for this site are 242-090 and 242-222 . M. Howard stated that neither the house North Andover Conservation Commission 6 January 17, 1996 nor the deck are in compliance with these previous Orders. Mr. Paluch addressed the commission. He stated that his intent was to install a pool. He stated he was not aware he violated the wetland regulations. He applied for a building permit but did not know he had to apply to the conservation commission. Scott Giles, the applicant's representative, stated the house is not within the flood plain. Mr. Paluch stated that when he purchased the home, the deck was there. He had to replace the deck approximately three years ago. J. Lynch is concerned with the pool location being 51 from the 251 no-cut zone. The pool is within 301 of the wetland. The use of chlorine and alternative chemicals was discussed as was the size of the pool. R. Mansour stated he also has a problem with the location of the pool. A. Manzi stated he too has a problem with the location of the pool. The applicant needs to verify the location of the pool, verify the flood plain and investigate the use of non-chlorinated chemicals. Motion by J. Lynch to Continue this filing to January 24, 1996, so the applicant can satisfy the concerns of the commission, second by D. Feltovic. Vote: 6-0-1, A. Manzi abstained. A. Manzi left the meeting at 9:50 P.M. 242-785, Salem Street To Easy Street, Sewer Line Extension Peter Ogren of Hayes Engineering represents the applicant, Town of North Andover, Department of Public Works. He stated the trunk sewer is consistent with the Master Plan Sewer Route. Currently sewer exists in Salem Street and Blue Ridge Road. The sewer is extended partially up Salem Street. A plan was placed on an easel before the commission and the abutters. The applicant contends that this filing qualifies as a limited project. Dewatering is indicated on the plan. Soils are not highly erodible. This route is almost the same route as was chosen in the 1984 study. Alteration to some wetland lines was done. The sewer route is not going to Abbott Street. The crossing at Mosquito Brook was discussed. Already constructed is a sewer at Northcross Road and Rea Street. The Pumping Station Plan of 1986 was displayed. M. Howard discussed his letter to George Perna, Director of Public Works dated December 20, 1995. The items of the letter were discussed. Benjamin Osgood, Jr. stated the Department of Public Works is the applicant but there is a private project to be paid by Abbott Village personnel. Start to finish through wetlands will be approximately three weeks. ` 1 North Andover Conservation Commission 7 January 17, 1996 The plan shows a 25 ' sewer easement. Trucks can drive through this easement. Vehicles do not have to cross the brook except in one location. M. Howard requests a detailed plan of that brook crossing. R. Mansour asked about the pump station at Abbott Street. Bill Hmurciak responded that Public Works wants to eliminate pump stations at every subdivision which causes extensive maintenance and long term costs to the town. The Bond is to be posted by Abbott Village. G. Reich stated he wants a detailed construction sequence. M. Howard asked the commission if the are satisfied with the applicants' alternative analysis. The commission feels they have everything they need. The sewer line was discussed with the abutters. Motion by J. Lynch to Close the Public Hearing and Issue an Order of Conditions within 21 days, second by D. Feltovic. Vote: 6-0-0. 242-784 , Abbott Village Estates, North Andover Land Corporation The public hearing was opened. Because of the lateness of the hour, the commission decided to continue to the next meeting. Motion to Continue to January 24, 1996, second by D. Feltovic. Vote: 6-0-0. 242_- , 50 Sutton Hill Road, Lot No 30B Sandra Lane The public hearing was opened. Because of the lateness of the hour, the commission decided to continue to the next meeting. Motion to Continue to January 24, 1996, second by D. Feltovic. Vote: 6-0-0. 242- , 52 , 110 & 130 Sutton Hill Road, Lots Nos. 31A 32A & 33A The public hearing was opened. Because of the lateness of the hour, the commission decided to continue to the next meeting. Motion to Continue to January 24, 1996, second by D. Feltovic. Vote: 6-0-0. NEW BUSINESS 242-095, Lot 5, 32 Christiansen Way, Partial Certificate of Compliance Julie Parrino addressed the commission. The plans were reviewed and discussed. North Andover Conservation Commission 8 January 17, 1996 Motion by J. Lynch to Issue a Partial Certificate of Compliance for Lot 5, 32 Christian Way only, second by D. Feltovic. Vote: 6-0-0. 242-242 , Lot 6, 115 Tucker Farm Road, Partial Certificate of Compliance Julie Parrino addressed the commission. The plans were reviewed and discussed. Motion by J. Lynch to Issue a Partial Certificate of Compliance for Lot 6, 115 Tucker Farm Road only, second by D. Feltovic. Vote: 6- 0-0. 242-634 . 1737 Turnpike Street, Woodland Estates, Extension to order of Conditions The commission discussed the request. The Order of Conditions expires on January 26, 1996. The commission expressed surprise that the applicant was not present at the hearing. Motion by J. Lynch to Extend the Order of Conditions to April 1, 1996, second by S. Masse. Vote: 6-0-0. DECISIONS 242-781. Lot 29C Sugarcane Lane J. Parrino to draft Order of Conditions. 242-780, Lot 15A Forest Street J. Mottola to draft order of Conditions. 242-783 , Abbott Street, Map 65, Lots 204-207 & 27 M. Howard to draft Order of Conditions. 242-785, Salem Street to Easy Street Sewer Line G. Reich to draft Order of Conditions. Motion by J. Lynch to adjourn at 11: 30 P.M. , second by D. Feltovic. Vote: 6- -0. Geo je L. Reich