HomeMy WebLinkAbout1996-01-24 Conservation Commission Minutes North Andover Conservation Commission
January 24, 1996
Senior Citizens' Center
7: 00 P.M.
PRESENT: George L. Reich Joseph Lynch
Albert P. Manzi, Jr. Robert L. Mansour
Deborah Feltovic Joseph M. 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
Minutes of January 17, 1996
No action.
NEW BUSINESS
242-709, Discussion, Kevin Spicer, 677 Salem Street
M. Howard stated he issued an Enforcement Order January 18, 1996 to
the Department of Public Works (DPW) for drainage maintenance;
excavate "ditch" and locate 1011- 12" pipes. M. Howard stated he
met with the DPW and located a 12" PVC pipe and an 8" PVC pipe.
These pipes were not picked up prior to this visit. M. Howard
presented photos, dated 1980, to the commission along with a plan
of the land for Lot 4 Abbott Street. M. Howard stated he feels
that a 30" pipe never existed.
George Perna, Director of Public Works stated the flow rate of the
8" pipe is 1.75 cubic feet per second (c.f.s. ) and the flow rate of
the 10" pipe is 1. 18 c. f.s. A 12" pipe was installed 2" above the
top of the 8" pipe. The flow was increased, adding another . 31
c. f.s. The DPW helped correct the flooding condition in the area.
The flow was never reduced. J. Lynch asked about the elevation of
the former pipe. George Perna stated the elevation is essentially
the same. The problem is not the pipe, it is the area just above
it. J. Lynch asked if the 8" pipe appeared to be flowing. M.
Howard stated the 8" pipe is ponded up inside; the 12" is flowing.
George Perna stated the DPW uses a Jet Rodder in the spring to
clear pipes. The photos were reviewed. There appears to be an
obstruction in the pipe.
A. Manzi asked about the pavement cut. George Perna stated an
additional cut was done last year. A. Manzi stated he travels that
road and recalls hitting a speed bump. George Perna stated that
road was paved. A. Manzi stated he like DPW to put in one good
size pipe to prevent ponding on the northern side. J. Lynch stated
North Andover Conservation Commission 2
January 24, 1996
the problem on the north side affects the septic system. George
Perna stated that is a Conservation issue.
George Perna stated there is no question that the pipe needs to be
cleaned. A. Manzi asked if a 2011 pipe could go in there. The
elevation of the proposed pipe was discussed. George Perna stated
the 1211 pipe was only there as an overflow. R. Mansour stated that
the beginning of the pipe is plastic, the center is corrugated and
the end is plastic. George Perna stated the flow in that area was
increased not decreased. R. Mansour asked if a dam effect was
created. George Perna stated it is apparent the pipe is not clear
in the middle. R. Mansour asked if the DPW had to wait until the
spring to clear it as the issue will be compounded with current
weather. G. Perna stated that generally that piece of equipment is
used in the spring. The best solution is to put an 811 pipe right
straight through and that's an expense to dig up. A. Manzi stated
he would like problem rectified immediately. George Perna stated
the Jet would be done soon. A. Manzi asked about time to change
the pipe. George Perna stated emergencies are done on an emergency
basis. He would rather wait for the hottop plants to open in the
spring. It could be done in the spring when the plants open.
George Perna stated he has no desire to change the wetlands and if
he has to perform a drainage study he will not do it. A. Manzi
stated he wants the two pipes gone and one pipe put in. M. Howard
stated the 1211 pipe is working very well.
A. Manzi requested a site visit of the sewer line in that area. G.
Reich stated the commission could meet and deliberate on that
project. Both sites could be visited together.
G. Reich asked if the pipe could be cleaned as best as possible as
an immediate solution. An Enforcement Order could be issued
providing the DPW permission to work in the area. If the pipe
collapses then a larger pipe would be put in. George Perna stated
he will have the pipe Jet Rodded tomorrow, if the pipe collapses,
he proposed the installation of a 1211 pipe. George Perna stated
that M. Howard will be notified of the Jet Rodding.
The commission discussed the site visit which is scheduled for
Saturday, January 27, 1996 at 8: 00 A.M. for the purposes of
deliberation. The Abbott sewer site will be viewed.
Kevin Spicer provided photos to the commission. Kevin Spicer
stated that the water is unbelievable there. The water is coming
onto his property and he may lose his septic. A. Manzi stated that
a house was built next to his property about five years ago. Kevin
Spicer stated that house has been there about ten years.
G. Reich stated the pipe needs to be cleaned immediately and the
commission will view this site Saturday.
North Andover Conservation Commission 3
January 24, 1996
An abutter stated that a larger pipe had previiously existed in
this location and facilitated the drainage. The 811 pipe inside the
1011 pipe was discussed again with George Perna and the abutters.
The abutter asked why the pipe was altered. George Perna stated
that the section of road was sinking and had to be repaired. The
abutter stated he now gets water in his cellar. In 1987, the pipe
handled the water well. M. Howard stated many factors played into
this since 1987 .
A. Manzi stated that it is best to make the decision regarding the
pipe at the site visit. George Perna stated he would attend the
site visit.
242-751, Amend Order of Conditions, Items #37 & 39, AT&T, 1600
Osgood Street
M. Howard addressed the commission. He stated two amendments are
to be made to the Order of Conditions. Specifically, Items #37 and
#39• Pete Bajor of AT&T requested that Item #37 references the use
of sod, and that Item #39 be corrected as it contains a typo in the
numbering. The commission discussed the use of sod. M. Howard
stated that there is a botanist assigned to the loaming and
seeding. The commission stated that the loaming and seeding is to
be done to the satisfaction of the administrator.
Motion by A. Manzi to amend Item #37 to reference loaming and
seeding according to SCS standards with "sod" as approved by the
Conservation Administrator, second by R. Mansour. Vote: 7-0-0.
Motion by J. Lynch to amend Item #39 to reference #34, 35, and 36
versus 35, 36, and 37, second by D. Feltovic. Vote: 7-0-0.
The commission stated that no Certificate of Compliance shall be
issued until Item #37 is approved by the Conservation
Administrator.
Discussion.--Checklist for As-builts and Certificates for Compliance
M. Howard addressed the commission and stated that a generic letter
is to be sent to local engineers. G. Reich stated that a checklist
could be sent rather that a letter. M. Howard read the proposed
checklist. A. Manzi stated that the Order of Conditions is issued
to the applicant not the engineer, and it is the responsibility of
the applicant to comply with the Order. A. Manzi is in favor of
the checklist. J. Lynch suggested attaching it to the Order. A.
Manzi suggested it be part of the order. S. Masse stated the
checklist should state that the commission reserves the right to
require further information.
North Andover Conservation Commission 4
January 24, 1996
PUBLIC HEARINGS
242-786 21 Fuller Meadow Road James T. Paluch
James Paluch is present, Scott L. Giles, the applicant's
representative is not present. The commission will hear this
matter when Mr. Giles arrives.
242- . 52_, 110 & 130 Sutton Hill Road, Lots Nos. 31A, 32A & 33A
Ben Osgood, Jr. displayed a plan before the commission. The
applicant is requesting to do regrading within the buffer zone of
a bordering vegetated wetland. Mr. Osgood stated the four lots are
between Sandra Lane and Sutton Hill Road. The four lots were
permitted around 1984-1985. There is no work within the buffer
zone other than the sewer. In the process of installing the sewer
line, an area was disturbed. The edge of the buffer zone need to
be regraded. The wetlands line was relocated. The proposal is to
regrade and return it to original topography before any other
development takes place on this site.
M. Howard stated he relocated Wetland Flags #7, 6, 8, 5 and 4. He
stated the snow continues to melt, the line has not been confirmed.
This site is in the watershed.
Mr. Osgood stated that restoration will be mulch with wood chips.
The wetland line confirmation and Planning Board action is still
needed for this project.
J. Lynch stated he has a problem with Lot 29B, which is not part of
this filing. M. Howard recommends continuance of this hearing.
Motion by J. Lynch to Continue to February 7, 1995 for confirmation
of wetland line and DEP comments, second by D. Feltovic. Vote: 7-
0-0.
242- , 50 Sutton Hill Road, Lot No. 30B Sandra Lane
Benjamin Osgood, Jr. addressed the commission. The plan reflects
Lots 28B, 32A and 31A all outside the buffer zone. Lot 30B is
within the buffer zone of a bordering vegetated wetland. In order
to construct the proposed grade within 75 ' of the wetlands, the
lawn will be 3 ' higher than the woods. All houses are on town
sewer. Roof drains and driveway runoff caluclations will be
provided. The drywell is in the buffer zone.
R. Mansour stated the plan states the topo plan is dated 1973 . The
commission discussed the plan. Mr. Osgood stated there is a
possibility of a small topo being done. J. Lynch stated that there
is an existing Order on this property that has not yet been
satisfied. Mr. Osgood stated that he does not believe there are
North Andover Conservation Commission 5
January 24, 1996
any Orders on this site.
The frontage of this site is on Sandra Lane, the driveway is on
Glen Road.
Motion by J. Lynch to Continue to February 7, 1996 for the wetland
line determination and DEP comments, second by S. Masse. Vote: 7-
0-0.
242-786 21 Fuller Meadow Road James T. Paluch
Mr. James Paluch and Mr. Scott Giles are present. This hearing was
continued from the January 17, 1996 meeting. At that hearing the
commission requested verification of the pool location, the flood
plan and data on environmentally safe chemicals. Mr. Paluch
provided the commission with data regarding environmentally safe
pool chemicals. Mr. Giles provided the commission with
verification of the flood plain and a revised plan of the pool
location. The plan shows the pool apron to be 5' wide. A waiver of
the 50' no-build zone is requested. J. Lynch stated that any
deviation from that size apron will be in violation. M. Howard
stated the seasonal water tables are 16" to 20" . Dewatering is to
be approved. The chlorine treatment was discussed and G. Reich
requests the treatment be written into the Order. A. Manzi stated
he is concerned with the water table. The pool is to have a depth
of 81 . J. Lynch stated the dewatering plan is to be conditioned.
A lengthy discussion ensued regarding the water table and the
dewatering. A. Manzi stated the dewatering is the most important
issue facing the homeowner. The commission stressed the importance
of the dewatering to Mr. Paluch. M. Howard explained to Mr. Paluch
the procedure of the Order of Conditions. J. Parrino suggested a
wall be placed at the 25 ' no-cut zone after restoration.
Motion by J. Lynch to Close the Public Hearing and Issue an Order
of Conditions within 21 days, second by J. Mottola. Vote: 7-0-0.
242_-784, Abbott Village Estates, North Andover Land Corporation
Peter Ogren of Hayes Engineering is present representing North
Andover Land Corporation (Osgood, St. Hillaire, Millet and
Cormier) . Attorney Howard Speicer addressed the commission and
gave the legal history of the subdivision and the former
Conservation filing. Peter Ogren discussed the plan. Nutmeg Lane
is to be developed between Abbott Street and Salem Street. Nutmeg
Lane is 1,820 feet in length. Perriwinkle Lane is a cul-de-sac off
Nutmeg Lane and is 280 ' in length. A sewer line is to service the
subdivision. The sewer is from Northcross Road up Abbott Street,
northwest to Nutmeg and Perriwinkle. The roadway alignment is the
same as the prior filing. The prior filing was for 50 lots. This
filing is for 44 lots. The former Order is dated December, 1987.
The hydraulic design is the same as it was then. Storage areas are
North Andover Conservation Commission 6
January 24, 1996
indicated on the plan. Hydraulic calcs TR20 and TR55. The federal
government has changed from Type 2 storm to Type 3 storm. The
rainfall period has changed.
BVW activities include several crossings disturbing over 7, 000 s. f.
The replication plan calls for 1: 1. Mr. Ogren stated he has met
with M. Howard regarding these plans and M. Howard has walked the
site. The plan was discussed in detail. Soils was discussed.
J. Lynch stated he has a problem with crossings at Nutmeg Lane. J.
Lynch asked if Abbott Street frontage is part of the larger tract.
Mr. Ogren stated no they are not connected. Mr. Ogren stated the
plan before the commission is an approved plan by the Planning
Board.
G. Reich stated this is a new filing and the former filing has no
effect on this file. Mr. Ogren stated the topography has recently
been flown by Neve Associates. The soils information is July-
September of 1995. The drainage is like it was before.
The crossing on Abbott Street at Salem Street is disagreeable to J.
Lynch. G. Reich stated the Public Hearing should be closed. G.
Reich preferred one wetland crossing for the roadway. J. Lynch
stated Nutmeg Lane is a problem. J. Lynch stated the wetland
alteration is 7, 180 s. f. G. Reich stated the maximum alteration
allowed is 5, 000 s. f. Lengthy discussion regarding Planning Board
issues and Conservation issues.
G. Reich suggests two cul-de-sacs to avoid a crossing. M. Howard
stated Nutmeg Lane is likely a Limited Project. M. Howard stated
he has a problem with Thistle Road. J. Lynch stated he has
concerns with the drainage on this project.
Mr. Ogren stated the only change in TR 20 and TR 55 is the type of
storm, from the hydraulic standpoint. R. Mansour stated there are
three road crossings and two driveway crossings. He suggests
eliminating two driveway crossings and sacrifice three house lots.
G. Reich asked if the developer could possibly get around some of
the wetlands. Mr. Ogren stated that is not feasible.
M. Howard stated the wetland line was approved in 1991. Mr. Ogren
stated they will be filing with the Planning Board for the common
driveway on Lots 18 and 19. M.' Howard asked how many waivers of
the no-build zone are they requesting. Mr. Ogren stated 'only at
the crossings' . There will be no waivers except at the crossings.
Lot 42 Thistle Road is not a crossing. Lots 41 and 42 are within
the 25 ' no-build-zone. M. Howard stated the wetland replication is
1: 1, he requests 2 : 1. G. Reich concurs. J. Lynch stated the
replication area at Salem Street is in the back of someone's yard.
North Andover Conservation Commission 7
January 24, 1996
Mr. Ogren stated the filing before the commission is for houses,
driveways, streets, it is a complete filing. Discussion continued.
Any house lot changes should be conditioned in the Order of
Conditions. The commission does not want common driveways. J.
Lynch stated he has little concern with Thistle Road, his concern
is with Nutmeg Lane crossings.
G. Reich stated the commission does not yet know where the line is.
The line on the plan is five years old. M. Howard stated he could
get a handle on the line within two weeks if the weather works with
him.
The applicant is to provide: 1) Wetland confirmation; 2) Modify
wetland replication; 3) File with Planning Board for common
driveways for cul-de-sacs off of Abbott Street and Salem Street; 4)
Perform drainage calculations; 5) Modify roadway alignment for
Thistle Road; 6) Eliminate common driveways involving wetland
alterations; and 7) Evaluate adjacent properties for flooding. The
commission feels the current plan is not suitable.
An abutter of 643 Salem Street stated the water flows from the
project onto her land. She wants her property looked at. She
presented photos to the commission.
Motion to continue to February 7, 1996, second by R. Mansour.
Vote: 6-0-0. A. Manzi left the meeting at approximately 9:45 P.M.
NEW BUSINESS
Discussion: Expenditure Filing Fees
Conservation Associate Compensation
M. Howard addressed the commission. He stated that Julie Parrino
has accepted the part-time Conservation Administrator' s job in the
town of Boxford and would be continuing to work with North
Andover's Conservation Commission as their associate. Julie will
continue to attend the commission meetings and M. Howard recommends
she be paid for attending. The commission agreed.
Conservation Office Computer
M. Howard addressed the commission. He received three bids for the
computer for his office. He recommends the low bid of $3, 732 from
the filing fee account for the purchase of a Micron P133 Millenia
computer.
Motion by R. Mansour to grant the expenditure of $3,732 for the
computer, second by D. Feltovic. Vote: 6-0-0.
North Andover Conservation Commission 8
January 24, 1996
Conservation Office File Cabinet
M. Howard addressed the commission. He received three bids for a
four-drawer file cabinet with lock. He recommends the low bid of
$160.00 for the Anderson Hickey four-drawer file cabinet.
Motion by J. Lynch to grant the expenditure of $160.00 from the
filing fee account for the file cabinet, second by D. Feltovic.
Vote: 6-0-0.
Conservation Office MACC Regulations
M. Howard addressed the commission. He recommends the purchase of '
Environmental Handbooks and Wetland Regulations from the Mass.
Association of Conservation Commissioners.
Motion by J. Lynch to grant the expenditure of $60. 00 from the
filing fee account for Environmental Handbooks and Wetland
Regulations, second by D. Feltovic. Vote: 6-0-0.
New Hampshire Assoc. of Wetland Scientists, 6th Annual Conference
M. Howard addressed the commission. He recommends Julie Parrino
attend the 6th Annual Conference on February 10, 1996.
Motion by R. Mansour to grant the expenditure of $60. 00 for Julie
Parrino to attend the conference, second by D. Feltovic. Vote: 6-
0-0.
DECISIONS
242-786 21 Fuller Meadow Road
M. Howard to draft Order of Conditions.
BITEWALR
Abbott Village Estates site walk scheduled for Saturday, January
27, 1996 at 8:00 A.M.
Motion by J),,. Feltovic to adjourn at 10: 50 A.M. , second by J. Lynch.
Vote: 6- -0.
Georg L. Reich, Chairman