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HomeMy WebLinkAbout1996-04-03 Conservation Commission Minutes North Andover Conservation Commission April 3, 1996 70OPM Senior Citizens' Center Present George L Reich Joseph Lynch Robert L Mansour Albert P Manzi, Jr Deborah Feltovic Scott Masse Staff Michael D Howard Julie A Paurino Minutes Motion by J Lynch to accept the minutes of March 20, 1996, second by D Feltovic Vote unanimous Old Business 242-634, Discussion, 1737 Turnpike Street, Woodland Estates, Extension to OOC M Howard visited the site on April 2, 1996 Most violations have been addressed The $50,000 bond has been submitted The silt has been removed where necessary and additional haybales have been installed Clearing for survey work still needs to be addressed M Howard stated disturbed area will re-vegetate, however, he feels a fine is appropriate for the alteration This fine will be established according to total square feet of alteration Mr Latham„ the attorney for A C Builders, questioned how the area could be accessed without wetland alteration for surveying M Howard stated a larger area than necessary was cleared J Lynch stated the area was clearly marked as a wetland area, ignorance is not an excuse Atty Latham asked if the owner would be penalized as he was not the one who was cutting He would like extra time to review the matter Total wetland alteration(s f) will be determined by M Howard M Howard stated the owner, Aurele Cormier, did a good job addressing the violations and recommends a one-year extension G Reich stated Ins frustrations with the work on this property Atty Latham stated Mr Cormier is back in town and will be on top of the project A Manzi would like square footage of alteration in order to determine the amount of the fine R Mansour stated he does not want to see any more problems with the site He will be the first to shut it down completely Motion by R Mansour to Issue an Extension Permit for One Year, second by A Manzi for discussion North Andover Conservation Commission April 3, 1996 2 J Lynch stated that now is the time to place extra conditions An environmental monitor should be assigned and weekly reports should be submitted to the administrator Motion by J Lynch to direct the applicant to have an environmental monitor review the site regularly and submit written reports, second by D Feltovic for discussion G Reich questioned whether the one-week extension should be counted as the second extension S Masse does not feet the Cominission has the authority to extend an extra year because two extensions have been granted, one for one week this would be the third extension S Masse stated the Commission would have to waive the Bylaw A Manzi suggested giving M Howard time to review the Order of Conditions S Masse wants to keep the integrity of the Bylaw, has a problem waiving the Bylaw, wants a re-filing of the Notice of Intent Atty Latham referred to the section of the Bylaw that is being discussed He contends the Commission has the ability to waive the Bylaw The first extension was for a short time for purposes of reviewing the line in the spring The second extension was for a couple of days in order to extend the permit until this hearing A Manzi would like to opportunity to have additional conditions added to the Order of Conditions, however, more waivers will be needed if we continue A Manzi is in favor of an extension to allow M Howard to address additional concerns Motion by G Reich to waive the part of the Bylaw that states no more than two extensions, however, will uphold no more than two years total for extension, second by A Manzi Vote 5-1-0 S Masse opposed S Masse stated the applicant must request a waiver of the Bylaw Atty Latham has requested the waiver verbally Motion to extend for two weeks by J Lynch, second by D Feltovic Vote 5-1-0 S Masse opposed M Howard recommends lifting the Cease and Desist Order Motion by J Lynch to lift the Cease and Desist Order, second by A Manzi Vote 5-1-0 S Masse opposed Motion by J Lynch to Extend the Order of Conditions to April 17, 1996, second A Manzi Vote 5-1-0 S Masse opposed Robert Mansour withdrew his original Motion for a One-year Extension North Andover Conservation Commission April 3, 1996 3 New Business 242-757, Enforcement Order, Robert Janusz, Jerad IV M Howard addressed the Commission and informed them that he was contacted by abutters claiming that the applicant was cutting trees J Parrino conducted a site visit and issued an Enforcement Order as the cutting had occurred and wood chips were in the 25' no-cut zone and in the resource area, there was no DEP No posted, there was no pre-site visit, and no bond had been posted M Howard stressed the importance of enforcing the Order of Conditions Mr Robert Janusz stated that he cut the trees during the winter months to reduce the impact of erosion and he contends there was no impact to the wetlands He stated he needed to cut to gain access to install erosion controls Stressed he cut when the ground was frozen, as it was impossible to put bales in place No equipment has been brought on site to do any work R Mansour stated the woodchips were in the 100' buffer zone, some were in the 25' no-cut zone and in the wetland resource area M Howard has a problem with the applicant's disregard of the Order of Conditions J Lynch stated the applicant disregarded all conditions in the Order and did not contact the administrator when cutting the trees in winter His issue is the disregard of the Order and not installation of erosion control A Manzi walked the site yesterday, the erosion is in place now and the sign is up Mr Robert Janusz stated it is not his intent to stand in contempt The environment is very important to him He stated that no machine would have entered the site without pre-site conditions M Howard stated that he has not had problems with Robert Janusz in the past He is disappointed with his actions and offers no recommendations on how the Commission should handle the situation A Manzi suggested that the Commission increase the bond The filing includes the construction of the roadway and utilities and all work in the buffer zone R Mansour stated that the Commission should offer a strong warning to Mr Janusz M Howard suggested that the Commission require the applicant to designate an environmental monitor to review work in the Buffer Zone Motion by Joseph Lynch to modify the Order of Conditions 242-757 so as to require the applicant to hire an environmental monitor who will submit reports describing activities in the buffer zone The Conservation Administrator will decide when the Environmental Monitor is no longer needed Motion seconded by A Manzi Vote 6-0-0 North Andover Conservation Commission April 3, 1996 4 Motion by G Reich to lift the Cease and Desist on 242-757, second by D Feltovic Vote 6-0-0 Discussion, Open Space, Jerad U and Jerad IV Access The Planning Board asked the developer to seek access from Jared II to Jared IV Robert Janusz presented plans showing a possible route A wooden bridge over a wetland resource area would have to be constructed A gravel esker exists in Jared IV The materials could be used for the roadway and the area could be graded for a ballfield Mr Janusz is presenting his plans to the Commission for review Mr Janusz stated there would be some alteration to wetland resource areas M Howard stated that he supports a trail linkage between the two subdivisions, however, he is not in favor of the ballfield construction M Howard is concerned about the removal of gravel from the esker He is concerned about the route the trucks will take when removing the gravel M Howard is not in support of wetland alteration for the construction of the ballfield A parking area and roadway would be necessary to access the ballfield and this would result in additional wetland alteration The road would have to be at least 30' wide George Perna of DPW stated that a wider road than what is present would be needed to access the ballfield Equipment would need to be able to access the ballfield to maintain and cut it Most members of the Commission stated that they were not in favor of the ballfield however they support the trails and construction of the footbridge George Perna stated he would like a small parking area available to access the trails The Commission concurred Public Hearings 1737 Turnpike Street, Woodland Estates, Bond Seizure The Commission discussed if they want to seize the bond for Woodland Estates Motion by A Manzi to take no action on the Commission's request to seize the bond for Woodland Estates, second by J Lynch Vote 6-0-0 Request for Determinations Lot 6, Sherwood Drive John Morin from Neve Associates was present representing Timberland Inc Proposal is for the construction of a single family home within the Buffer Zone of an ILSF The wetland line was North Andover Conservation Commission April 3, 1996 5 approved under the subdivision filing Twenty five and fifty foot buffer zones are being met Erosion Control will be outside the 50' no-build zone Motion by J Lynch to issue a Negative Determination of Applicability with Erosion Control condition for Lot 6, Sherwood Drive, second by D Feltovic Vote 6-0-0 Lot 7. Sherwood Drive John Morin from Neve Associates was present representing Timberland Inc Proposal is for the construction of a single family home within the Buffer Zone of an ELSF The wetland line was approved under the subdivision filing The 25' and 50' setbacks are being met The erosion control will be placed outside the 25' no-cut zone M Howard questioned if a deck will be constructed on the house John Morin stated a deck is not proposed at this time and a proposal will be submitted to the Conservation Commission if a deck is constructed Motion by J Lynch to issue a Negative Determination of Applicability, second by D Feltovic Vote 6-0-0 Lot 19, Sherwood Drive John Morin from Neve Associates was present representing Timberland Inc Proposal is for grading within the buffer zone associated with the construction of a single family home The 25' and 50' setbacks are being met Motion by J Lynch to issue a Negative Determination of Applicability with erosion controls, second by D Feltovic Vote 6-0-0 Notices of Intent 242-792, Chestnut Street, Woodlea Estates Steve Stapinski from Merrimack Engineering was present representing the applicant New plans were submitted Additional wetland flagging was placed in the field The wetland line has been modified by M Howard and Steven Durso and changes are reflected on the new submitted plan The detention pond has been relocated and is now outside the 25' no-cut zone A cross section of the stream crossing is shown on the plans Steven Stapinski stated that there are no alternative routes for the sanitary sewer M Howard stated that he wants a detailed schedule of the stream crossing North Andover Conservation Commission April 3, 1996 6 Steve Stapinski stated he would like to coffer dam the stream and pump water during the crossing He needs a state permit because work will occur on Rt 114 In order to block the culvert the state requires a watershed study M Howard questioned a"micro-tunnel" under the culvert Steve Stapinski stated that he does not have a qualified person in his office to micro-tunnel Steve Stapinski stated he would prefer the methodology detailed in the Order of Conditions Steven Durso submitted the wetland replication/restoration report M Howard stated that Steve Stapinski has been very cooperative and responsive with his requests M Howard would like the Commission to review a possible jurisdictional bylaw wetland M Howard is waiting for the cross sections of the wetland replication areas The drainage calculations need to be submitted the consultants for review M Howard would like the sewer line to be staked for the Commissions site walk J Lynch would like the centerline of the road, cross-country sewer line and limit of grading on lot 6 to be staked A filing is currently before the Planning Board M Howard questioned the methodology of the hydrocalcs Steve Stapinski stated Hydrocad was used for the hydrocalcs Calculations were originally derived from Neve Associates Floodplam elevations were noted The Commission needs a site walk, cross-section of wetland replication area, drainage reviews and construction sequence of crossing Coler& Colantonio will be the outside consultants for the drainage reviews An account needs to be set up to pay the outside consultants An amount of$5,000 will be established in the account The consultants will bill the Conservation Department who will pay with the account funded by the applicant Motion by J Lynch to set up an account fund of$5,000 to be paid by the applicant for outside drainage reviews, second by D Feltovic Vote 6-0-0 Motion to continue the public hearing to April 17, 1996 by J Lynch, second by D Feltovic Vote 6-0-0 Site walk scheduled for April 10, at 6 30 P M North Andover Conservation Commission April 3, 1996 7 242-794 228 Forest Street - Continued from March 20 Natural Heritage has no problems with the proposed work All issues have been addressed Motion by J Lynch to close the public hearing and issue a decision in 21 days, seconded by A Manzi Vote 6-0-0 242-799, Evergreen Estates Lot 14 Beaver Brook Road - Continued from March 20, 1996 All outstanding issues have been addressed, DEP number issued Motion by J Lynch to close the public hearing and issue a decision in 21 days, second by D Feltovic Vote 6-0-0 242-800 Town of North Andover, DPW, Sewer Line- Continued from March 20, 1996 M Howard met with Wetlands Biologist Libby Wallace to review the wetland line and soil data New plans have been submitted reflecting the changes made by M Howard to the wetland line Peter Ogren presented plans showing the cross section of the stream crossing Metal sheets will be installed 2 feet down into the brook to stop the flow of water during the crossing The sewer will only be 30" below the grade George Perna presented plans showing eventual sewer service to residents on Abbott Street as a result of the crossing through the wet meadow A Manzi questioned why the sewer can not be brought up Salem Street and run down Abbott Street as proposed at one point George Perna stated that a dry sewer line on North Cross Road would have to be dug up and reversed A 23' foot cut into the ground would be necessary and a pumping station would have to be constructed to service North Cross road residents Sixteen homes on North Cross road and all residents on Easy Street would benefit from the proposed sewer line The original filing proposed 11,000 plus square feet of wetland alteration and has now been reduced to only 2,000 square feet of alteration Ben Osgood, Jr stated that the proposal in front of the Commission has been in the making since 1981 He stated the many benefits of the sewer crossing including hookups for residents on North Cross, Easy Street, and Rea Street R Mansour stated a much better proposal is currently before the Commission, however he has no problem with 23' cuts into the roadway or construction of pumping stations A Manzi stated that he does not agree with the proposed plans and believes the stream is wider than the measurement proposed on the plan North Andover Conservation Commission April 3, 1996 8 The Commission discussed whether a bond could be required because the applicant is the Town The Commission decided a bond could be required The work will be contracted out M Howard stated his support for the proposed project M Howard stated that he was initially concerned with the Commission's previous Denied Order of Conditions but now applauds the group for reducing wetland impacts from 11,000 s f to approximately 2,000 s f A pump station and a deep cut along Abbott Street is not feasible However, if the wetland were of a different type (i e woody swamp) then perhaps the costs associated with a pump station would be justified M Howard cautioned the Commission to not assume a"blanket" theory that pump stations as a whole are a problem They have some beneficial use M Howard requested that the Commission evaluate three aspects of this proposal a)Avoidance, b)Minimization, and c)Mitigation M Howard stated that the applicant has completed an alternative analysis and is in agreement that no feasible alternative exists The applicant, through the obtainment of easements, has dramatically reduced the total alteration and minimal impacts The construction sequence works with regard to the time of year in which construction is proposed and the methodology to be used The fact that numerous septics are being eliminated now and in the future is important M Howard urged the Commission to approve the project as prposed Elsie Pouliot, a resident of the Town, questioned if a bond will be acquired prior to construction The answer is yes George Perna requested a poll of the Conservation Commission members prior to closing the public hearing G Reich, J Lynch, D Feltovic, R Mansour were"learung" affirmative, A Manzi opposed, S Masse unsure G Reich stated that an environmental monitor will be needed for this work Motion by J Lynch to close the public hearing and issue a decision in 21 days, seconded by R Mansour Vote 6-0-0 Lots I & 2 Beau Street M Howard provided an overview of the history of this property The applicant filed a Request for Determination in 1994 for verification of the wetland line The minutes reflect that the public meeting was closed a Positive Determination was issued The minutes also reflect that the Commission questioned the right to reserve verification of the wetland line under the filing of a Notice of Intent No paper trail of the Positive Request for Determination can be found The decision is not in the file, it is not filed with the Town Clerk nor with the State The applicant could not provide a copy of the decision The septic designs have been approved by the Board of Health Proposal is for the construction of a single family home The driveway does not meet the 25 no-cut line The applicant stated that if North Andover Conservation Commission April 3, 1996 9 they move the driveway over it would have to be longer and this would increase expenses The Commission stated they would like the driveway to meet the no-cut setback and the applicant agreed to move it A Manzi questioned the location of utilities installation Decks will be added to all houses M Howard will review the wetland delineation Motion by D Feltovic to continue the public hearing until May 1, 1996, seconded by J Lynch Vote 6-0-0 Lot 4 Berry Street Proposal is for the construction of a single family home A new plan was submitted The Board of Health has approved the septic plan The revised plan depicts a retaining wall 25' from the wetland edge Michael Howard questioned the type of vegetation on site The Commission stated that the erosion control must be on the 25' no-cut line. The Commission does not like the location of the utility trench which is in the 25' no-cut buffer zone The Commission also questioned the relocation of the house so as to move it back Michael Howard questioned if moving the house back would give us a distance of at least 30' from the wetland edge The wetland line must be approved prior to closing the public hearing Motion by Joseph Lynch to continue the public hearing until May 1, 1996, seconded by D Feltovic Vote 5-0-1 A Manzi abstained Lot 5 BgM Street The proposed house is 32' from the edge of the wetland resource area The applicant stated that the house and driveway can be moved however it will be pretty tough to meet the 50' no-build zone The wetland line needs to be approved M Howard suggested to the applicant that he attempt to maximize the distance from the edge of wetlands Motion by Joe Lynch to continue the public hearing until May 1, 1996, seconded by D Feltovic Vote Unanimous Lot 6 Berry Street The proposal for the construction of a single family home meets the 25' no-cut zone and 50' no- build zone The closest point of work is 90 feet from the wetland resource edge Joe Lynch questioned the limits of lawn The wetland line needs to be verified before the closing of the public hearing North Andover Conservation Commission April 3, 1996 10 Motion by R Mansour to continue the public hearing until May 1, 1996, seconded by D Feltovic Vote 6-0-0 Lot I Sherwood Drive The proposal is for the construction of a single family home in the buffer zone All grading is outside the 25' no-cut zone The house is outside the 50' no-build zone The line was approved under the subdivision filing The old house on this property was razed Debris and foundation were buried An investigation is needed during the site visit Materials should be removed There is a pipe from the old foundation The old well is on site Motion by R Mansour to Continue to April 17, 1996, second by D Feltovic Vote 6-0-0 Lot 3 Sherwood Drive The proposal is for the construction of a single family home in the buffer zone The 25' no-cut zone and the 50' no-build zone is met The closest point of the house to the wetlands is 56' Utilities will be entering from the front No comments from DEP have been received yet There is no deck Motion by D Feltovic to Continue to April 17, 1996, second by S Masse Vote 6-0-0 Lot 10 Chestnut Street Kimberly Perna addressed the Commission The original permit expired in December of 1995 The plan reflects wetland replication for foundation drain The plan is the same plan as the original filing The Commission suggested relocating the foundation drain on the plan of record and eliminated wetland alteration No comments have been received yet Motion by R Mansour to Continue to April 17, 1996, second by A Manzi Vote 6-0-0 Decisions 242-791, Lot 6C Turnpike Street M Howard read the draft version of the Order of Conditions The Commission discussed the order Motion by R Mansour to accept this Order, second by A Manzi Vote 6-0-0 North Andover Conservation Comrmssion April 3, 1996 11 242-794 228 Forest Street M Howard read the draft version of the Order of Conditions The Commussion discussed the order Motion by R Mansour to accept this Order, second by A Manzi Vote 6-0-0 Adjourn Motio y`' Mansour to adjourn, second by D Feltovic Vote 6-0-0 a< George L Reich