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HomeMy WebLinkAbout1996-05-15 Conservation Commission Minutes North Andover Conservation Commission May 15, 1996 7:00 P.M. Senior Citizens' Center Present: George L. Reich Joseph Lynch Albert P. Manzi, Jr. Deborah Feltovic Scott Masse Staff: Michael D. Howard Donna Mae D'Agata Julie A. Parrino Chairman Reich called the meeting to order at 7.00 P.M. Chairman Reich polled the commission to enter Executive Session regarding Open Space Purchases and Lot 1, 475 Dale Street: G. Reich Yes J. Lynch Yes A. Manzi Yes D. Feltovic Yes S. Masse Yes Chairman Reich re-opened the public hearing. Minutes No action. New Business 242-475/721, Lots 1-6 Salem Street/PinewoodAAloodchuck James Demetri of Summer Street Realty Trust appeared before the commission to address their concerns. M. Howard stated he visited the site , on May 3, 1996. He requested replacement of the existing haybales and a status report. Mr. Demetri stated they re-established the erosion control, re- staked the haybales and silt fence. He anticipates work will be started in the North Andover Conservation Commission 2 May 15,19% next 5 to 6 weeks at Pinewood. A. Manzi stated replication was a condition of the Order and the replication shall be constructed prior to the plantings Mr. Demetri stated he hired Wetlands Preservation, Inc. for plantings and replication and Metcalf and Parker were hired for the road. M Howard will provide Mr. Demetri with a letter outlining required conditions. 242-610, Lot 10 Chestnut Street, Certificate of Compliance , M. Howard stated the work regulated by the Order was never commenced. The Order has lapsed and is no longer valid. A new Notice of Intent was filed and a new Order was issued for this site (242-803). M Howard recommends a Certificate of Compliance be issued for 242-610. Motion by J. Lynch to Issue a Certificate of Compliance stating that the work was never started for Lot 10, Chestnut Street, DEP #242-610, second by D Feltovic. Vote: 5-0-0. 242-016, Lot 2, 742 Winter Street, Certificate of Compliance M. Howard addressed the commission. He informed them that Lot 2 does not fall under the jurisdiction of the commission under this Order of Conditions. The applicant is Lora McSherry and is in the process of selling her home. A Partial Certificate of Compliance for Lot 2 only is recommended by M Howard to clear the title on this property. Motion by J. Lynch to Issue a Partial Certificate of Compliance for Lot 2, 742 Winter Street, DEP #242-016 only, second by D Feltovic. Vote: 5-0-0. 242-593, Lot 10, 215 Old Cart Way, Certificate of Compliance J. Parrino addressed the commission. Plans were reviewed and the site was discussed A Partial Certificate of Compliance for Lot 10 only is recommended by J. Parrino. Motion by J. Lynch to Issue a Partial Certificate of Compliance for Lot 10, 215 Old Cart Way, DEP #242-593 only, second by D. Feltovic. Vote: 5-0-0. North Andover Conservation Commission 3 May 15,1996 242-265, Lot 27A, 31 Tanglewood Lane, Certificate of Compliance J. Parrino addressed the commission. Plans were reviewed and the site was discussed. A Partial Certificate of Compliance for Lot 27A only is recommend by J. Parrino. Motion by J. Lynch to Issue a Partial Certificate of Compliance for Lot 27A, 31 Tanglewood Lane, DEP # 242-265 only, second by D. Feltovic. Vote: 5- 0-0. Filing Fee Expenditure: Photocopying/GBC - Open Space & Recreation Plan An Open Space Committee was recently formed to carry out the Town's Open Space and Recreation Plan The group is responsible for open space planning and long term natural resource protection Request is made of the commission to expend fees to cover the expense of copying the Open Space and Recreation Plan. The book has approximately 300 pages and 17 copies are needed for the members of the committee The books are to be GBC bound. Three bids were obtained Sir Speedy quoted $205.00; Dover Press quoted $248.00 and Minute Man quoted $233.75. Motion by J. Lynch to appropriate up to $350.00 to the lowest of three bidders for copying and GBC binding of the Open Space and Recreation Plan, second by A. Manzi. Vote: 5-0-0 Marbleridqe Road The commission discussed the alteration of a bordering vegetated wetland as a result of an emergency water main repair by the Public Works Department. Motion by J. Lynch to Issue an Enforcement Order to the Public Works Department to restore the wetland to its pre-existing condition under the direction of the Conservation Administrator by June 4, 1996, second by D. Feltovic. Vote: 5-0-0. North Andover Conservahon Commission 4 May 15,19% Public Hearings Requests for Determination Lot 8. 104 Sherwood Drive, Timberland Builders, Inc. John Morin of Neve Associates is present to represent the applicant, Robert Janusz of Timberland Builders, Inc. Mr. Morin stated there is an isolated wetland at the rear of Lots 6 & 7. The house is 94' from the wetland. The haybales are greater than 25' from the wetland. The plan was reviewed and discussed. The detention pond on Lot 8 represents an existing kettle hole on the property. The detention pond is not man made. Motion by J. Lynch to Issue a Negative Determination with Erosion Control Per the Plan, second by D. Feltovic. Vote: 5-0-0. 890 Johnson Road, Lot A Martin Sinacore, Replacement Septic System Mr. Martin Sinacore addressed the commission. He presented a plan reflecting repair of subsurface sewage disposal system. He stated his engineer is Bill Dufresne of Merrimack Engineers. J Parrino stated she viewed the site. The system is a raised system. The existing system failed. M. Howard stated there is a high water table there There is no other area for the tank to go. The plan reflects the only suitable location M Howard recommends a Negative Determination. Motion by J. Lynch to Issue a Negative Determination with Erosion Controls Installed Per Plan and Inspected by Conservation, second by D. Feltovic. Vote: 5-0-0. Property near 777 Great Pond Road, Stephen J Scully, Hayes Engineering Mr. William Bergeron of Hayes Engineering appeared before the Commission. The property is located southeasterly off of Great Pond Road and northerly off of Winter Street. The applicant is Stephen J Scully Trustee of S.J.J. Trust. The Commission reviewed and discussed the plan. Mr. Bergeron stated that 15-20 flags were removed by vandals. The flags will be replaced. He contends that Lot 2 is an isolated wetland but is too North Andover Conservation Commission 5 May 15,19% small and therefore, nor jurisdictional under the Act (local wetland only) All lots exist as shown the plan. The 100-year flood plain (BLSF) is outside the limit of bordering vegetated. The 100-year flood plain indicates it would cover the roadway by 1/10th of an inch. Bordering land subject to flooding (BLSF) is at elevation 127.9 . Mr. Bergeron requested a Continuance of the Decision to the next meeting so that the site can be re-flagged. M Howard recommends a technical consultant for the BLSF determination and the Commission should not confirm the BLSF line at this time. M. Howard stated that if a Notice of Intent comes before the Commission a drainage review will be required and it may be in the applicant's best interest to wait until such time Mr Bergeron stated that re-flagging the line requires a continuance M. Howard stated that a prior Order was issued for a sewer line. No Certificate of Compliance was issued for that Order. M. Howard wants to know how this affects the line. J. Lynch stated the old line was altered three years ago. The plan before the Commission this evening is an as-built M Howard will research the prior Order. Mr. Bergeron stated he will withdraw the BLSF line. The applicant proposes to build three houses under a future filing. Motion by J. Lynch to Accept the Request of the applicant to Continue to June 5, 1996, second by D Feltovic. Vote: 5-0-0. Notices of Intent 242-784, Abbott Village Estates, Continued from May 1 This was continued from the May 1 meeting at the request of Benjamin Osgood, Jr. as the engineer, Peter Ogren was not present at that meeting and Mr. Osgood was not prepared to discuss the drainage issue. Peter Ogren of Hayes Engineering appeared before the commission. He stated that he received the report from the town's consultant and he met with M. Howard and the consultant. Mr. Ogren provided a letter dated May 8,, 1996 to M. Howard responding to the consultant's concerns. . Revised plans were submitted to the Commission The Commission and Mr Ogren discussed the outstanding issues. Photographs were provided to the North Andover Conservation Commission 6 May 15,1996 Commission. M. Howard stated that the Regulations stated the detention area is to be constructed above ground water. J. Lynch stated the Regulations are correct and the engineer is correct if the drawing complies with the Regulations. M. Howard stated the engineer satisfied his concerns with the basins. J. Lynch stated his concerns are the effect on the site. Mr. Ogren discussed rip rap outflow structure and hydraulic design for a 100- year storm. Discussion ensued and outstanding issues were addressed There was a dam built many years ago which is now being upgraded M Howard stated he has a construction sequence from Ben Osgood, Jr. and asked how they planned to access it. Mr. Ogren stated it is a slab with holes in it They will excavate at point of existing dam with a backhoe, it is clay material, and they will back out. It is 5' long and 3' wide M Howard stated he is concerned with retaining walls. Mr. Ogren stated a cross-section has been provided and the consultant can be on the site when they do the excavation M Howard questioned the catch basin system and he wants to hear from the Department of Public Works as to whether or not it can handle the proposed flows. Mr. Ogren stated it is not uncommon to provide for a 100-year storm Cascade frames and grates compressed will be used. The basins are sized for the 100-year storm. Drain basins and calculations were provided to show the basins are adequate to handle a 100-year storm. The culvert on Abbott Street was discussed M Howard stated a 10" pipe was repaired by Public Works. Mr Ogren stated he did not use the pipe. The analysis stops at the property line and is not part of his calculations. He provided topographics to Public Works of that area. J. Lynch stated the 10" pipe failed and Public Works installed a new 10" pipe and the Commission ordered Public Works to leave the overflow pipe in place The applicant is not responsible for that culvert. G. Reich stated the issues are not resolved at the detention ponds in the resource area J. Lynch stated the water table and side slope cutting, negative slope does not exist on both sides. The plan was discussed. The floor of the pond is at elevation 168 . Test hole #1 is at grade elevation 174' The groundwater is close to the floor of that station M Howard clarified and stated that the only outlet control structure in any resource area is the concrete structure; no detention/retention ponds are in wetlands. North Andover Conservation Commission 7 May 15,19% Mr. Ogren stated he has a request to re-align the roadway before the Planning Board. M. Howard wants the 25' no-disturbance zone met. Mr. Ogren stated the plan is in the process of being drawn. S. Masse questioned the number of continuances of this hearing and asked if they should have been re-published. Mr. Speicher, Esq. stated that although there are no abutters present this evening they were present at the previous meetings and were aware of the continuances. G. Reich stated that if the public hearing is continued beyond one month it must be re- advertised at the applicant's expense. He feels that these public hearings were continued to the following meetings, not continued for more than one month G. Reich stated that in the recent past, the commission has not required re-notification for this type of continuation M. Howard recommends closing the public hearing. Motion by A. Manzi to Close the Public Hearing and Issue an Order of Conditions within 21 Days, second by D. Feltovic. Vote: 5-0-0. 242-792, Chestnut Street, Woodlea Village, Continued from May 1, Steven Stapinski of Merrimack Engineering addressed the commission He stated that he completed all the elements outlined in the consultant's report. Revisions were faxed to the consultant and M. Howard and plans were revised. He provided a 1-year storm. Revised plans and the report were sent over-night mail to the consultant's office. Steve Stapinski addressed all items in the letter. M. Howard stated the engineer appears to comply with the consultant's issues. Mr. Stapinski addressed the pump issue at the wetland crossing. He stated he put a pump there but the consultant has not had a chance to review the data. A temporary culvert will likely be added M. Howard stated he has no issues. 'He stated the consultant recommends the Commission not close the public hearing until he has reviewed the new data Thomas Laudani stated they have complied with the consultant and all issues have been addressed, he does not like the idea that the consultant will review the additional data. M. Howard stated hydrologic issues are a concern with the consultant Mr Laudani stated that Mr. Stapinski complied with the consultant's recommendations. Mr. Laudani asked if the Commission could close with conditions. J. Lynch stated that when the Commission closes, no further input can be taken Mr Laudani North Andover Conservation Commission $ May 15,1996 feels he has gone beyond the call of duty with the consultant Mr. Stapinski stated the list of concerns has been whittled away. The consultant review was discussed. Mr. Laudani reiterated that all issues raised by the consultant have been addressed. M Howard stated that if Mr. Stapinski can address Issues 20 to 23, then they will close in two weeks. A. Manzi stated the Commission will follow the recommendations of the consultant. Motion by J. Lynch to Continue to June 5, 1996, second by D. Feltovic. Vote: 5-0-0. 242-801 , Lot 1 Sherwood Drive, Timberland Bldrs, Inc., Cont from May 1 At the last meeting, the Commission had concerns with the ruins on this site and a possible underground storage tank. Mr. John Morin of Neve Associations appeared before the Commission and stated that he met on-- site with A. Manzi and found that the tank was gone, the furnace was gone. The only thing remaining were cobblestones and it appears that everything else was excavated out. The applicant, Robert Janusz, addressed the Commission's concerns in a letter dated May 9, 1996 with respect to: 1) the removal of all waste found in the resource area (tires, washing machine, steel drums, etc.); 2) filling of the abandoned cesspool with clean material; and 3) removal of all remains of the pre-existing dwelling and replaced same with clean fill. He excavated well below the level of the foundation and only found chunks of concrete. M. Howard recommends closing the public hearing. Motion by A Manzi to Close the Public Hearing and Issue the Order within 21 days, second by D Feltovic Vote: 5-0-0. 242- , Lot 12 Sherwood Drive, Jerad IV, Timberland Builders, Inc., Continued from May 1, 1995 for DEP #/Comments M Howard stated the DEP has not yet provided a number nor comments These are the only outstanding issues the commission is waiting for. Motion by A. Manzi to Continue to June 5, 1996 for DEP #/comments, second by D. Feltovic. Vote: 6-0-0. North Andover Conservation Commission 9 May 15,19% 242-806. Lot 14 Sherwood Drive, Jerad IV, Timberland Builders, Inc , Continued from May 1. 1996 for DEP #/Comments The DEP # was received, there were no comments from the DEP. There are no outstanding issues. Motion by J. Lynch to Close the Public Hearing and Issue the Order within 21 days, second by A. Manzi. Vote: 5-0-0 242-804, Lot 6C Salem Turnpike, Riding Realty Trust, Neve Associates Continued from May 1 Mr. John Morin of Neve Association addressed the Commission. The wetland delineation was questioned at the last meeting. Mr Morin stated that Mr. Steve D'Urso addressed the concerns in a letter to the Commission They propose to alter 104 s.f. and replicate 217 s.f. There is no water in the ditch per Steve D'Urso. M. Howard stated that Mr. Morin is correct. A. Manzi requires a pipe be installed and connected. He wants this conditioned in the Order. Motion by J. Lynch to Close the Public Hearing and Issue the Order within 21 days, second by A. Manzi. 242- Lot 1 , 36 Watkins Way, Middleton/North Andover, Edward Sullivan Continued from May 1 Mr. Sullivan appeared before the Commission. The abutters were re- notified as requested by the Commission The Commission reviewed and discussed the revised plan. There is no activity within the 25' no- disturbance zone and no activity within the 50' no-build zone There will be no construction beyond the haybales. Middleton issued their Order of Conditions. M. Howard stated he has no problems with the site J Parrino stated she had no problems with the site No DEP # has been issued. Mr. Sullivan asked if he had to be present at the next hearing. G. Reich informed him that he did not as the Commission is only waiting for the DEP#. Motion by J. Lynch to Continue the Public Hearing to June 5, 1996 for the DEP#, second by D. Feltovic. Vote: 5-0-0. North Andover Conservation Commission 10 May 15,19% 242-811, 12 Carriage Chase Road and 99 Coachman's Lane, N.A DPW Mr. Benjamin J. Fehan, P.E. of Guertin & Associates , Inc. addressed the Commission. The request is to construct 615 linear feet of new 8" PVC gravity sewer in an easement from the end of Carriage Chase Road,to Coachman's Lane The applicant is the Town of North Andover Department of Public Works. Mr. Bill Hmurciak of the Public Works Department was present. Mr. Fehan stated the sewer is to go through two parcels The sewer will be shallow, 8" diameter and will house 99 Coachman's Lane and 12 Carriage Chase Road. There is a circular wetland in front of the driveway at 99 Coachman's Lane, next to the flood zone. The plan was reviewed and discussed. M. Howard stated he viewed the site and is satisfied with the 25' no-disturbance zone. The Erosion Control should be at the no-disturbance zone. M. Howard requested that one wetland flag be relocated. Mr. Fehan stated he will comply and revise the plan M Howard stated he wants the 25' no-disturbance zone satisfied. Motion by J. Lynch to Close the Public Hearing and Issue an Order within 21 days, second by D. Feltovic Vote* 5-0-0. 242-807, Lot 2, 44 Sherwood Drive, Timberland Bldrs, Inc. Mr. John Morin of Neve Associates appeared before the Commission. The proposed work is for the construction of a portion of a house, a portion of a driveway, a foundation drain and regrading within 100' of a bordering vegetated wetland. The house is 64' from the edge of the wetland. The closest grading on site are at Flags A66 and A65 The plan was reviewed and discussed. Motion by J. Lynch to Close the Public Hearing and Issue an Order within 21 days, second by D. Feltovic. Vote: 5-0-0. 242-808, Lot 10, 125 Sherwood Drive, Timberland Bldrs Inc. Mr. John Morin of Neve Associates appeared before the Commission. The proposed work is for the construction of a house, driveway, septic tank, foundation drain and regrading within 100' of a bordering vegetated wetland. The septic is outside the 100' wetland line J. Lynch stated the foundation North Andover Conservation Coinnussion 11 May 1s,19% drain is to be revised. Mr. Morin stated the homeowner may have to install a dry well. The Commission reviewed and discussed the plan. Motion by J. Lynch to Close the Public Hearing and Issue an Order within 21 days, second by D. Feltovic. Vote: 5-0-0. 242-809, Lot 11, 115 Sherwood Drive, Timberland Bldrs Inc Mr. John Morin of Neve Associates appeared before the Commission. The proposed work is for the construction of a house, a portion of a driveway, a foundation drain and regrading within 100' of a bordering vegetated wetland M. Howard said something about the haybale line off Lot 11 - no encroach on 25' no-cut The septic is outside the 100' wetland line The Commission reviewed and discussed the plan. Motion by J. Lynch to Close the Public Hearing and Issue an Order within 21 days, second by D. Feltovic. Vote: 5-0-0. 242-810, Lot 13, 93 Sherwood Drive, Timberland Bldrs Inc Mr. John Morin of Neve Associates appeared before the Commission The proposed work is for the construction of a house, a portion of a driveway, foundation drain and regrading within 100' of a bordering vegetated wetland The house is 60' from the edge of the wetland. The grading is 26' from the wetland. The foundation drain is 25' from the no-cut zone. The septic is outside the 100' wetland line. The Commission reviewed and discussed the plan. Motion by A. Manzi to Close the Public Hearing and Issue an Order within 21 days, second by S. Masse. Vote, 5-0-0 Decisions M. Howard to draft the following Orders. 242-784, Abbott Village Estates 242-801, Lot 1 Sherwood Drive 242-806, Lot 14 Sherwood Drive 242-804, Lot 6C Salem Turnpike 1 North Andover Conservation Commission 12 May 15,19% 242-811, 12 Carriage Chase Road and 99 Coachman's Lane 242-807, Lot 2 Sherwood Drive 242-808, Lot 10, 125 Sherwood Drive 242-809, Lot 11, 115 Sherwood Drive 242-810, Lot 13, 93 Sherwood Drive Admen Motion by A. Manzi to adjourn, second by J. Lynch. Vote: 5-0-0. Geo ge L. Reich, Chairman