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HomeMy WebLinkAbout1996-03-20 Conservation Commission Minutes c North Andover Conservation Commission March 20, 1996 Senior Citizens' Center 7:00 P.M. Present George L Reich Joseph W Lynch Robert L Mansour Albert P Manzi, Jr Deborah Feltovic Joseph Mottola Scott Masse Staff Michael D Howard Julie A Parrino Donna Mae D'Agata Chairman Reich called the meeting to order at 7 00 P M Minutes Motion by J Lynch to accept the minutes of March 6, 1996, second by D Feltovic Vote 6-0-0 J Mottola not present J Mottola entered the meeting at 7 05 P M New Business 242-743, Lots 28 & 41 Salem Street, Evergreen Estates, Bond Reduction Mr Roland Coulliard addressed the commission He stated that he is requesting a reduction of $50,000 from the$100,000 Bond Roland Coulliard stated that the bridge work is complete M Howard stated the stream crossing has gone well He recommends a site inspection prior to a bond release M Howard stated he will evaluate the soils within the wetland replication area with Steve D'Urso There is a 10,000 s f replication area There will be no more pumping of water The commission reviewed the as-built and the photographs The water utilities are off the main road G Reich stated he would be interested in seeing this site Mr Al Coulliard stated the de- watering water was clear M Howard stated he will evaluate the replication area before the plantings Motion by R Mansour to Reduce the Bond from $100,000 to $50,000, second by J Mottola Vote 7-0-0 North Andover Conservation Commission March 20, 1996 2 242-265, Lot 13, 81 Wintergreen Drive, Partial Certificate of Compliance Julie A Parrino addressed the commission This file is the Winter Green Estates file for the roadway, utilities and drainage facilities and does not cover the residences, driveways, or subsurface disposal systems The subdivision files does not have compliance The performance bond is in the form of a Letter of Credit for $7,500 Separate filings for Lots 6, 10, 11, 12, 13, 14, 15) 23, 25 and 26 were required A title search shows that a Certificate of Compliance for Lot 13 for 242-265 was neither requested nor issued A separate filing for Lot 13 was filed under 242-438 and a Certificate of Compliance was issued on May 15, 1991 Motion by J Lynch to Issue a Partial Certificate of Compliance for Lot 13, #81 Wintergreen Drive, second by D Feltovic Vote 7-0-0 242-634, #1737 Turnpike Street, Woodland Estates, Extension to Order of Conditions Peter Ogren of Hayes Engineering addressed the commission The Order of Conditions was issued January 26, 1993 An Extension was granted on January 17, 1996 to extend the Order to April 1, 1996 M Howard stated he found numerous violations at the site A lengthy discussion followed R Mansour recommend the commission allow the Order to expire and then issue an Enforcement Order to complete the work M Howard encourages a site inspection prior to making any important decisions Peter Ogren stated the project is the same since the last inspection The biggest issue is that erosion control was not maintained The applicant (Aurele Cormier) has done nothing during the winter months as he is in Florida A wetland replication report has since been done No houses have been built yet The road is paved J Lynch stated he has a problem with the applicant having blatant disregard for the Order of Conditions The applicant consistently gets it wrong A Violation Notice with a$100 fine was issued 11/22/94, Enforcement Orders were issued 12/20/93, 10/28/94, 3/2/95 along with a Violation Notice M Howard again encouraged a site inspection Peter Ogren stated no work has been done since last fall R Mansour stated the commission should be receiving progress reports Motion by A Manzi to seize the bond and allow the Order of Conditions to Expire, second by S Masse for discussion G Reich stated the motion should include a public hearing to seize the bond J Lynch stated he wants stabilization and wants to hire someone to stabilize the site M Howard again stated he recommends walking the site Peter Ogren stated Mr Cormier shut the project down last fall for the winter R Mansour stated he is in agreement with A Manzi He wants to advertise a legal notice to hold a public hearing to seize the bond and extend the Order R Mansour stated the correct bond was not posted The Order specified a $75,000 Bond and Mr Cormier posted a $25,000 Bond Peter Ogren contends that the $25,000 Bond was approved by the former administrator Motion by A Manzi to advertise for a public hearing to seize the bond ` North Andover Conservation Commission March 20, 1996 3 S Masse stated it is easier to seize the bond if the Order of Conditions expires This Order expires April 1 M Howard stated that not more than two Extension Permits may be granted for a particular Order of Conditions S Masse recommends allowing the Extension to run out Motion by A Manzi to place a Legal Notice in the North Andover Citizen advertising the seizure of the bond, second by R Mansour Vote 7-0-0 M Howard recommends a site visit and recommends an extension of the Order for one week after its expiration date Motion by A Manzi to Issue an Enforcement Order to Cease and Desist all work, empower site visit to modify Enforcement Order to allow immediate restoration of erosion issues, second by D Feltovic Vote 7-0-0 Motion by A Manzi to Extend the Order of Conditions to April 4, 1996, second by D Feltovic Vote 5-2-0 J Lynch and S Masse opposed The commission scheduled a sitewalk for Saturday, March 23, 1996 at 8 00 A M 242-791,Lot 6C Turnpike Street, Continued from March 6 G Reich stated that Neve Associates has requested the hearing be continued to April 3, 1996 as they are unable to produce the wetland replication report requested by the commission G Reich stated that the engineer has requested several continuances and asked if any abutters are present this evening G Reich does not want abutters inconvenienced At the last meeting the commission continued this hearing to tonight It is unfair for abutters to attend a meeting to find that the engineer is not present and has requested another continuance Motion by J Lynch to Close the Public Hearing and Issue an Order within 21 days, second by R Mansour Vote 7-0-0 242-784, Abbott Village Estates. Continued from March 6 Peter Ogren of Hayes Engineering addressed the commission The commission performed a site walk last Saturday M Howard stated he forwarded a letter to the applicant and the engineer specifying 11 items that he is requesting be done Peter Ogren addressed each issue The plan was reviewed Peter Ogren will be asking for waivers for some lots for foundation drams Not all foundation drains nor decks are shown on the plan Flags 43H to 1717 are not approved by the administrator Lots 8 and 9 have been adjusted A Detail Sheet is included with this new set of plans J Lynch stated he would like a gate over the orifices to prevent children from falling in Peter Ogren stated he could put a hydrologic control inside and he could switch the design of the onfice The hydrologic control structures were discussed George Perna and Bill Hmurciak of the Public Works Department were present a North Andover Conservation Commission March 20, 1996 4 and viewed the plans The orifice is 18" in diameter and down 2-3 feet R Mansour suggests horizontal bars to prevent children from falling through J Lynch suggests the engineer and Public Works get together regarding the orifice and bar protection The plan depicts BLSF The water was not rising from the stream The sewer route was discussed The applicant is limited by an existing easement which is 20' wide Part of the easement is not within the wetland resource area The roadway was discussed Atty Howard Speicher contends that the Planning Board will not allow change in roadway The commission wants the 25' no-disturbance zone enforced Motion by A Manzi to Continue to April 17, 1996, second by J Lynch Vote 7-0-0 242- 228 Forest Street Continued from March 6 Dan O'Connell of Christiansen& Sergi addressed the commission and stated that at the last hearing the commission had concerns with the water flow in the ditch and also filing the Notice of Intent with the National Heritage Program A revised plan was submitted The 25'/50' is satisfied Wetland modification is shown The dwelling is 38' x 26' with a deck There is an old dug well which is possibly 8' deep that will be left as is There are also sheds on the property which will remain Nothing will be done to the well or the sheds The DEP has not assigned a file number nor have any comments been received Motion by J Lynch to Continue to April 3, 1996, second by D Feltovic Vote 7-0-0 242-799,Evergreen Estates,Lot 14 Beaver Brook Road, Thomas Losco Dan O'Connell of Christiansen& Sergi addressed the commission This filing is for the purposes of constructing a single family dwelling, driveway and associated grading within the 100' buffer zone on a bordering vegetated wetland The 25'/50' is satisfied There may be a possible lot line change The underground utilities are not depicted on the plan The plan is not stamped by an engineer J Parrino questioned wetland restoration areas, she felt that a vernal pool existed on- site and access to it during the spring months is a must Motion by A Manzi to Continue to April 3, 1996, second by D Feltovic Vote 7-0-0 242- , Town of North Andover, Department of Public Works, Sewer Line Mr George Perna, Director of Public Works, addressed the commission There was a brief discussion regarding the previous filing which was denied by the commission The plan was displayed The sewer route has been relocated Total wetland replication alteration is 2,870 s f, this has been reduced from the previous filing and it includes the crossing M Howard stated that the wetland line has not been approved Equipment is not to cross the brook Thomas Laudani is granting a sewer easement in consideration for a lateral The manhole on Abbott Street will pick up Vat's Convenience Store and some residences on Abbott Street i z North Andover Conservation Commission March 20, 1996 5 A Manzi stated the DPW was told to meet the 25' no-disturbance requirement and told not to cross the brook M Howard suggested that the DPW bore underneath the brook versus a cut- and-cover G Perna stated that if the DPW doesn't get the crossing to service Thomas Laudani's lot then, they will get no easement M Howard again questioned the possibility of boring under the stream thus avoiding further wetland alteration Peter Ogren stated boring or"jack-piping" is a possibility Steven Stapinski discussed the past history of pumping stations which are subject to vandalism, backups and overflow Culverts are difficult to cross underneath(i a Salem Street culvert) Bill Hmurciak stated that"jack sleeving" under the brook needs a good size excavation M Howard stated that it would be in the buffer zone Bill Hmurciak stated an upstream dam driven into the brook and 3' wide excavation and backfill would be the extent of a "cut and cover" M Howard wants more information regarding jack piping Benjamin Osgood, Jr stated he did deep borings and he hit ledge boulders, til boulders, not gravel as one might expect in a wet meadow The sewer line is not staked in the field It does not meet the 25' no-disturbance zone R Mansour asked if Val's is proposed along with other homes on Abbott Street for a sewer"tie-in" Salem Street A possible future easement is shown on the plan Thomas Laudam stated there are positive impacts for Easy Street, Abbott Street, and Abbott Village They have worked with the Public Works Department and the previous filing was denied because of disturbance to the wetlands He stated he gave easements to the Public Works Department, reduced the impact of disturbance and gave easements for sidewalks M Howard recommends a sitewalk for Saturday, March 30 G Reich wants more detail on the plan on the actual crossing Peter Ogren stated there is a section in the Notice of Intent that should be removed G Reich wants to see"damming detail" on the plan M Howard asked Peter Ogren to stake the sewer route prior to the sitewalk The commission will conduct a sitewalk Saturday, March 30 at 10 00 A M Motion by A Manzi to Continue to April 3, 1996, second by D Feltovic Vote 7-0-0 A Manzi left the meeting at 10 00 P M Discussion House Relocation Within Approved Subdivision G Reich asked the commission their feelings on house relocations under an approved Order of Conditions and/or where the 25'/50' setback are still satisfied He questioned potential flooding issues R Mansour stated it doesn't matter much J Lynch stated the house changes do not greatly affect the flow J Lynch stated that the commission relies heavily on staff regarding the impact on overall development R Mansour stated the real concern would be if it affect the 25'/50' Benjamin Osgood, Jr suggested that a foundation plan should be submitted to the Administrator at the time of a Form U sign-off The commission agreed and this will be a future condition North Andover Conservation Commission March 20, 1996 6 Motion by D Feltovic to Adjourn, second by J Mottola I � Georg`L Reich