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HomeMy WebLinkAbout1996-07-10 Conservation Commission Minutes North Andover Conservation Commission July 10, 1996 7.00 P M. Senior Citizens' Center PRESENT: Joseph W. Lynch, Jr. Albert P Manzi, Jr. George L. Reich Robert L. Mansour Deborah Feltovic Joseph M. Mottola Scott Masse STAFF: Michael D. Howard Donna Mae D'Agata Julie A. Parrino Chairman Lynch called the meeting to Order at 7:00 P M. MINUTES June 19, 1996 No action. June 26, 1996 No action. EXECUTIVE SESSION Chairman Lynch informed the commission that Executive Session will be held at the end of the Public Hearing NEW BUSINESS 242-717, Lot B Summer Street, Buffer Zone Restoration Issues M. Howard requested the property owner to appear before the commission regarding a modification to an Enforcement Order M Howard informed Chairman Lynch that the property owner is unable to attend this evening. She will be required to attend the meeting July 24,1996. North Andover Conservation Commission July 10, 1996 2 242-598 1750 Great Pond Road 2"d Extension Permit Mr. Michael Rullo of 1750 Great Pond Road addressed the commission. He is requesting a second extension to the Order of Conditions to allow time to complete work. The Order of Conditions was issued August 27, 1992 An extension permit was granted and expires 8/27/96. M Howard recommends granting a one-year extension. Motion by G. Reich to issue an Extension Permit to expire August 27, 1997, second by J. Mottola. Vote: 6-0-0. R. Mansour not present. 242-664, Calzetta School, 1st Extension Permit M. Howard addressed the commission. He stated the commission authorized bordering vegetated wetlands alteration in order to create an access roadway. 4,000 s f of wetland replication was done last summer. The Order of Conditions will expire August 16, 1996 The replication area is outstanding and there are no as-builts. M. Howard recommends the commission issue a one-year extension with an Enforcement Order to allow time to complete the work. J. Lynch asked if the extension permit is to meet physical work. Joseph Cushing of Richard Kaminiski Associates stated they have to re-flag the site using the flags that are in place There are some areas that have not been altered due to construction. The areas he cannot re-flag he wants to do by survey There is no way he can hang flag #5 R. Mansour arrived at 7:10 P.M M. Howard again requested an Enforcement Order Mr Cushing stated as- builts cannot be done in a week. He stated the crew will re-establish the line and M. Howard can re-inspect He expects to meet with M. Howard on-site Motion by A. Manzi to issue an Enforcement Order mandating requirements outlined in the May 30, 1996 letter to DiNisco Design, requiring compliance by August 7, 1996, second by D. Feltovic for discussion. Mr. Cushing again stated that as-builts cannot be done in that time frame. He will have all the work done by August 7 but not the as-built plan. He can have the as-built plan done by the end of August. North Andover Conservation Commission July 10, 1996 s A. Manzi withdrew his motion, D Feltovic withdrew her second Motion by A Manzi to Issue an Enforcement Order mandating the May 30, 1996 letter be complied with by August 7, 1996 and as-built plans by August 21, 1996, second by G. Reich. Vote: 6-0-1. R. Mansour abstained Motion by A. Manzi to Issue an Extension Permit to expire August 16, 1997, second by D. Feltovic. Vote: 6-0-1 R Mansour abstained J. Lynch directed M. Howard to issue a letter to the school building committee indicating that the wetland replication has not been completed and as such the architect should not issue a Substantial Completion Certificate to the contractor. 242-799, Lot 14 Evergreen Estates, Tom Losco, Modification Daniel O'Connell of Christiansen & Sergi appeared before the commission. He presented modified plans for review He stated the owners of the property requested M. Howard to view site The site is not statutory wetland. The plan reflects that the house was moved forward. A variance was granted by the Zoning Board of Appeals M. Howard stated that the original thought during the winter was that there may have been vernal pools on the property. However, no water was being held in the vernal pool. The replication issue has been resolved. M Howard recommends the issuance of a modification POINT OF ORDER called by G Reich. The changing of the wetland required notice to abutters. M. Howard stated the abutters were re-notified G. Reich stated this,appears to be a major modification and recommends a new Notice of Intent be filed. M. Howard stated he feels this is a minor modification. Mr. O'Connell stated the house was move 25' away from the wetland. J. Lynch stated this area was thought to be a vernal pool to be looked at in the spring, then it was determined it was not a vernal pool. S. Masse stated he feels this is a moderately sized project and referred to Page 16, Section C. 3 of the Wetland Regulations A modification is for a North Andover Conservation Commission July 10,19% 4 minor change and S. Masse agrees with G. Reich and feels a new filing is required. G. Reich stated there were many abutters present for the overall subdivision. J. Lynch stated this was a separate filing for only this parcel S. Masse asked what type of notice was given to the abutters. Mr. O'Connell provided a copy of the notice S. Masse stated Mr. O'Connell's notice to the abutters is correct Mr. O'Connell stated the modification has to be based on the impact of the resource area. Motion by A. Manzi to issue a Minor Modification, second by D. Feltovic. Vote: 5-2-0. G. Reich and S. Masse opposed 242-710, Lot 2A Halifax Street, Certificate of Compliance Daniel O'Connell of Christiansen & Sergi addressed the commission and gave a history of the site The wetland crossing was not needed as access was changed. The site is complete. The driveway, house and deck are changed. J. Parrino stated the as-built plan reflects the site. The site is stable. J. Parrino recommends a certificate of compliance. The commission reviewed and discussed the plan. There is a gravity sewer to Hawthorne Place, no improvements to Halifax. Motion by G. Reich to Issue the Certificate of Compliance, second by J. Mottola. Vote: 7-0-0 242-711 . Hawthorne Place, Certificate of Compliance Daniel O'Connell of Chrisiansen & Sergi addressed the commission. J. Parrino stated as-built plans have been submitted. The commission reviewed and discussed the plan. J. Parrino recommends a certificate of compliance. Motion by A. Manzi to Issue the Certificate of Compliance, second by D. Feltovic. Vote* 7-0-0. North Andover Conservation Commission July 10,19% 5 242-593, Lot 4 Old Cart Way, Partial Certificate of Compliance J. Parrino addressed the commission. Plans were reviewed and discussed. An as-built plan and P.E. letter have been provided The house is 32' from the edge of wetlands. The Order of Conditions did not require the 25'/50 . J. Parrino recommends a certificate of compliance. J. Parrino stated that each parcel within this subdivision has a separate bond posted . Motion by G. Reich to Issue a Partial Certificate of Compliance for Lot 4 Old Cart Way only, second by A. Manzi Vote: 7-0-0. 242-760, Lot 13 Holly Ridge, Certificate of Compliance J. Parrino addressed the commission. Plans were reviewed and discussed. J. Parrino stated the lot was an upland meadow. The 25' no-disturbance zone was altered. Nothing can be done. She explained to the applicant and the applicant had the new homeowner sign an agreement regarding the 25' no-disturbance zone. David Zaloga stated he has mowed the lawn for several reasons, but it is not a clear area for a lawn mower. A sickle-type mower was used. An affidavit from the homeowner was obtained. S. Masse stated he would prefer a document drawn up by an attorney M. Howard recommends shrubs be placed in the area. J. Lynch wants the boundary protected with a physical barrier. Motion by G. Reich to Deny the Certificate of Compliance for Lot 13 Holly Ridge Way, second by S. Masse. Vote 4-3-0. Motion by G. Reich to Issue an Enforcement Order requiring the applicant to construct a fence or other physical barrier along the 25' no-disturbance zone, location to be determined by the Conservation Administrator, second by D. Feltovic. Vote: 7-0-0. Discussion, 25 Jerad Place Road, David Bardwell Mr. David Bardwell addressed the commission He stated he has insects infesting his home and he wishes to clear some brush at the edge of his lawn which is the wetland line. He wants to clear the area and treat it as a lawn in order to control the insects. He stated he has hired two pest control outfits and he is still infested with insects. He is seeking guidance from the North Andover Conservation Commission July 10,1996 6 commission. J. Parrino stated there is room on the right side of the driveway for replication if Mr. Bardwell wants to file a Notice of Intent. J. Lynch informed Mr. Bardwell that if he intends to alter a resource area, he will have to file a Notice of Intent. A. Manzi suggested canopy trimming and waive pesticide and allow professional exterminator to spray without filing a Notice of Intent. Mr. Bardwell will work with the Conservation Administrator for guidance. Award Presentation R. Mansour presented a plaque to George L. Reich in gratitude for serving as chairman for the past five years. All present applauded Mr. Reich PUBLIC HEARINGS Requests for Determination Bradford Street (Between #145 and #189� Thomas D. Zahouruiko is the applicant. The request is to confirm a wetland at Bradford Street between #145 and #189 for the purposes of delineation of wetlands. Steven D'Urso appeared before the commission and gave a brief history of the site. M. Howard stated wetland vegetation goes to the top of the slope. The soils are bright upland soils in these locations. Steven D'Urso discussed the soils with the commission. An abutter asked how the site was zoned. J. Lynch stated the plan before the commission is for wetland delineation purposes only. The abutter asked about the flow of the water A Manzi stated the flow does not go to the lake, it goes to the Merrimack River, therefore lies outside the watershed. M. Howard stated the plan before the commission will be the plan of record on file with the commission. Motion by G. Reich to Issue a Positive Determination referencing the line, second by R. Mansour. Vote: 7-0-0. North Andover Conservation Commission July 10,1996 7 Lot #17 Beaver Brook Road, Evergreen Estates Robert Messina of Messina Development is the applicant. The proposed work is grading associated with a single family house construction within the 100' buffer of a bordering vegetated wetland, but outside the 50' buffer zone. Daniel O'Connell of Christiansen & Sergi appeared before the commission. The house has a septic system. The house is 88' from the edge of the wetland. He is seeking a negative determination with sedimentation controls. The commission reviewed and discussed the plan. Motion by R. Mansour to Issue a Negative Determination as approved by the Conservation Administrator, second by A Manzi. Vote: 7-0-0. Boxford Street/Candlestick Road/Proposed Sherwood Drive Timberland Builders, Inc. is the applicant. The proposed work is to alter land at Boxford Street from Candlestick Road to Sherwood Drive for the purposes of installing subsurface water and gas utility lines within the limits of Boxford Street. Mr. Robert Janusz and Mr Robert Innis were present Mr. Janusz addressed the commission There are three areas bordering vegetated wetlands, approximately 300' on Candlestick Road. Then 135' and 235' respectively on Boxford Street. He contends they worked clearly with the Public Works Department and the commission. It shall take three weeks maximum to do this work The trench digging shall be done in one day. He wants to put haybales in the area where the poison ivy is The commission reviewed and discussed the plans J. Parrino recommends Negative Determination with Erosion Controls and notification of work schedule. The excavation was discussed Mr Innis stated there will be no grade changes The commission reviewed and discussed the changes Motion by A. Manzi to Issue a Negative Determination with Erosion Controls, second by D. Feltovic. Vote: 6-1-0. G. Reich opposed Notices of Intent 242-812, 77 Sugarcane Lane, Lot 11, Mr. and Mrs. Shaw, Continued from June 19 North Andover Conservation Commission July 10, 1996 8 M. Howard stated the commission was waiting for the DEP # and comments. Comments and the number have been received. There are no other outstanding issues. Motion by G. Reich to Close the Public Hearing and Issue an Order of Conditions within 21 days, second by R. Mansour. Vote. 7-0-0. 242-814, Merrimack College Campus, Kaminski & Assoc., Continued from June 19 Mr. Joseph Cushing of Kaminski & Associates displayed plans before the commission. He stated the fence has been removed from the plan. The Notice of Intent is for the modular building only. He re-established the flagging and the soil log is done. He explained the drains going into the wetland. He provided the commission with plans. G. Reich asked if there was any way of going around the front of the building for utilities. Richard Kaminski stated the basketball area is in the corner of the building The commission reviewed and discussed the plans. Motion by G. Reich to Close the Public Hearing and Issue an Order of Conditions within 21 days, second by R. Mansour. Vote: 7-0-0 242-817, 150 Flagship Drive, Across from Willow Street, Continued from June 19 Mr. Greg Wiech, the project coordinator, and Mr Budd Titlow of Fugro East were present. Mr. Wiech addressed the outstanding issues The drainage report was submitted. DEP comments and the number were received. The northeast corner of the fire lane has been addressed, the replication area was 2:1 and he is requesting that it be 1 1 for flexibility of maintaining the trees as screening for abutters. G. Reich wants the 2:1 maintained. M. Howard stated he has no problem with 1:1 for this project as this is a local wetland. G. Reich withdrew his comments. Budd Titlow stated they are replacing the isolated wetland. R. Mansour asked about the retaining wall. Revised plans reflecting the retaining walls were reviewed Motion by A. Manzi to Close the Public Hearing and Issue an Order of Conditions within 21 days, second by G. Reich Vote: 7-0-0 North Andover Conservation Conunission July 10,19% 9 242-, Bridges Lane (Between #185 and #209) The filing is at the request of Joseph Contrada to alter land at Bridges Lane between #185 and #209 for the purposes of construction of a single family home, driveway, subsurface disposal system, utilities and related site grading. Mr. Contrada is present. Les Godin of Merrimack Engineers addressed the commission A Positive Request for Determination was previously issued for this site. Norse Environmental delineated They will maintain the 25' no-cut zone. The drainage onto Burbank property was corrected by pitching the driveway 1,000 s.f. The drainage area was eliminated. M. Howard stated no blasting report was submitted Test pits were to be done. Les Godin stated the blasting is to take place in the foundation area, not the wetland area. R. Mansour stated he sees only 3' of blasting. Les Godin stated he feels blasting will be required R Mansour stated the amount of blasting does not appear to be a concern. The drainage was discussed. J. Lynch asked if the drainage was channeled to the front of the driveway. Mr. Burbank stated he was concerned with drainage. G. Reich stated a violation was issued and never corrected. Les Godin stated he can fill in the hole. DEP comments and wetland delineation are outstanding. G. Reich questioned the P E stamp on the plan Les Godin stated that Cantone signed it personally Motion by A. Manzi to Continue to July 24, 1996 for DEP # and comments and wetland delineation, second by G. Reich. Vote* 7-0-0 242-, 216�gh Tavern Lane, Lots 22, 33, 36, 37, 38 & 103 The filing is at the request of Farr Better Homes, Inc , to alter land at 216 Raleigh Tavern Lane Tax Map 106C, Lots 22, 33, 36, 37, 38 and 103 for the purposes of roadway construction with associated grading and utilities crossing bordering vegetated wetlands. Work on two single family homes is also proposed within the 100' buffer zone. C North Andover Conservation Commission July 10,1996 10 William Manuell of Hancock Environmental Consultants appeared before the commission and displayed a plan. One dwelling is in the buffer zone. The road is crossing vegetated wetlands, there is bordering land subject to flooding, intermittent stream is in that area of crossing The applicant failed to consider the land under water at the last filing. The prior filing was in 1995. The site is about 35 acres. He stated he has verbal approval from the planning board for cluster housing. The reduced the BVW by 1 ,000 s.f., only two lots are in the buffer zone. The remaining four lots are entirely out of the buffer zone. They will impact 4,550 s.f., there will be 10,000 s.f. of wetland replication. The altered 2,000 s.f Bordering land subject to flooding is scheduled to be mitigated in place. An area below the 106' contour is approximately 880 c f of flood storage The volume will be replicated within the 10,000 s.f. area Before construction they will take photos to recreate intermittent stream preserving functions of bank and wildlife habitat value There is a 2' x 8' box culvert. They are proposing retaining walls and eliminating sidewalks. The use of the box culvert is under the road for intermittent stream The Notice of Intent includes construction of homes with utilities, erosion control, drainage, closed system, catch basin sumps are 2 W deep, broad shallow detention basin. Storm water talcs has been submitted to the commission Two homes are within the jurisdiction of the commission M. Howard stated the wetland delineation has not been approved yet. J. Parrino stated wetland flag #5 is missing. M. Howard stated the BVW data sheets are incomplete. The drainage calcs are to be sent out for review. This is a 7-lot subdivision. Motion by G. Reich to direct the applicant to submit a check in the amount of $7,500 representing an escrow account for drainage review by the town's consultant, second by A Manzi. Vote 7-0-0. M. Howard asked if the commission was satisfied with the box culvert for the wetland crossing versus a span. A Manzi asked if the town's consultant could review that and M. Howard responded in the affirmative. Mr. Manuell stated they would consider a wider box culvert. R Mansour requests additional information on the box culverts. Mr. Manuell stated he wants to see what the commission requires prior to spending funds Mr. Manuell stated they are proposing the box culvert. R. Mansour questioned the sidewalks. Mr. Manuell stated they filed as a Limited Project. Mr. Manuell North Andover Conservation Commission July 10,19% 11 stated his firm will be responsive to the commission. The waivers are at the crossing and the replication area Outstanding issues are details on the box culvert crossing, footing, siltation control and written submission, also some impacts for flood back water on upstream side. J. Lynch stated the discharge velocities need to be controlled with rip rap. He asked if ground was physically able to handle absorption. Mr. Manuel stated he will provide information on soils in that area. J. Lynch stated he defers action on that until he hears from consultant. J. Lynch stated the wetland line needs to be confirmed. Mr Bill Urban of 5 Woodchuck Lane, an abutter, asked about the impacts on all the abutters and would the consultant be concerned with all the abutters. J. Lynch stated the post construction will not be worse that it exists. G. Reich stated the consultant would review entire watershed. The commission requested the following from the applicant 1) Details of Box Culvert, 2) De-watering plan, 3) Meet the 25' for detention pond, 4) provide additional drainage information velocities from pipe need to be controlled through rip rap/level spreader, and 5) will ground satisfy rate of absorption in stormwater management area Motion by G. Reich to Continue to July 24, 1996, second by D Feltovic Vote: 7-0-0. 242- , West Side of Waverly Road, 240' south of Route 114 The notice is filed by JPI Texas Development to alter land at the west side of Waverly Road, 240' south of Route 114 for the purposes of proposed roadway improvements within the 100' buffer zone including a curb cut for entrance roadway, tree removal at entrance and minor regrading, foaming and seeding within the shoulder to improve sight distance. Arthur McCabe, Esq is present. Curtis R. Young and Adele Fiorillo of Wetlands Preservation, Inc. are present. Mr. Young displayed a plan and made a presentation to the commission. The site is bounded by Waverly Road and Route 114. It was delineated early last year. The site is before the Lawrence Conservation Commission A Request for Determination was North Andover Conservation Commission July 10,19% 12 appealed by the Den Rock Park. An agreement was reached. A boundary was confirmed. There are no major crossings A curb cut will be required from the entrance road off Waverly Road to the back of the property. Trimming of overhead branches is proposed Currently the utilities are gas and water in Waverly Road. Erosion control at the limit of wetland boundary is to be placed. A Notice of Intent is filed with the Lawrence Conservation Commission. M. Howard stated the commission jurisdiction is minimal. Drainage is to the Shawsheen River. Mr. Young will copy the material to the commission if they would like. The cutting will be in order. If any sewer is going in in North Andover, Mr. Young stated he would file a Modification John Thompson of 792 Waverly Road, an abutter, asked about drainage The plan was discussed with Mr Thompson. Mr. Thompson expressed concern regarding shrubbery. Mr. Young stated trimming will take place, there will be low shrubs and trees trimmed . The wall of green will remain except for easement area. Outstanding issues are the DEP # and comments. A verbal DEP # of 242- 819 was received by the engineer's office Motion by G. Reich to Continue to July 24, 1996, second by R. Mansour Vote: 7-0-0. DECISIONS 242-814, Merrimack College Campus 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- 1. G. Reich abstained. 242-812, 77 Sugarcane Lane, Lot 11 M. Howard read the draft version of the Order of Conditions The commission discussed the order. North Andover Conservation Commission July 10,19% 13 Motion by R. Mans our to accept this Order, second by A Manzi. Vote: 7-0- 0. 242-817, 150 Flagship Drive 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: 7-0- 0. ADJOURN Motion by A. Manzi to adjourn the Regular Meeting and enter Executive Session, second y G. Reich. Vote: 7-0-0 f s ph V.1 ync , Jr.