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HomeMy WebLinkAbout1996-07-24 Conservation Commission Minutes NORTH ANDOVER CONSERVATION COMMISSION July 24, 1996 700PM Senior Citizens' Center PRESENT Joseph W Lynch, Jr George L Reich Deborah Feltovic Joseph Mottola Scott Masse STAFF Michael D Howard Donna Mae D'Agata Chairman Lynch called the meeting to Order at 7 00 P M MINUTES June 19, 1996 Motion by G Reich to accept the minutes of June 19, 1996, second by D Feltovic Vote 5-0-0 June 26, 1996 Motion by G Reich to accept the minutes of June 26, 1996, second by D Feltovic Vote 5-0-0 July 10, 1996 No action July 10, 1996, Executive Session No action NEW BUSINESS 242-717 Lot B Summer Street Buffer Zone Restoration Issues M. Howard addressed,the commission He stated that the homeowner was to attend the meeting of July 10, 1996 but because of circumstances the homeowner requested a continuance to July 24, 1996 The homeowner is not present at this time Chairman Lynch moved this item to the end of New Business North Andover Conservation Commission July 24, 1996 Page 2 242-743, Evergreen Estates Discussion, Al Coulliard Mr Al Coulliard appeared before the commission He presented revised plans and a status report He stated all work is on schedule and he is doing everything M Howard requested He is seeking a bond reduction of$45,000 J. Lynch asked M Howard if he had reviewed the submission prior to this hearing M Howard stated that he discussed it on the phone with Dan O'Connell but he did not review the documents M Howard stated the replication area is complete and headed to the right direction M Howard provided photos of the site to the commission He stated the binder coat is down and the roadway top would soon be paved The slits have been removed and the area has been foamed and seeded The side slope is 1 1 M Howard stated he is satisfied with the work done by Mr Coulliard M Howard recommended a release of $35,000 M. Howard stated there are no as-builts available G Reich asked if an Enforcement Order had been issued M Howard stated no But numerous correspondence to the developer have been issued The problem with the replication area was that a wetlands biologist was not on site for the plantings Mr Coulliard remedied the plantings and doubled the amount The replication area has now been completed and M Howard recommends reducing the bond to $15,000 G Reich cited the need for an as-built for the replication area Motion by G Reich to reduce the bond from $50,000 to $25,000, second by D Feltovic Vote 5-0-0 242-703, Lot 20A Equestrian Drive, Certificate of Compliance, George Charest M. Howard stated a letter from Thomas Neve & Assoc has been received along with the plans stamped by a Professional Engineer M Howard stated the site is not stable He provided photos to the commission The barrier is inadequate George Charest asked for specifics M Howard read from the Order of Conditions The fence and stabilization are the issues J Lynch stated a timber cribbing wall was required not a fence J Lynch and Mr Charest discussed the wall Mr Charest stated he would have to bring in significant fill The photos and the plans were reviewed and discussed with Mr Charest J Lynch stated the lawn is to be stabilized and the administrator is to meet on site with Mr Charest regarding the wall Motion by G Reich to DENY the Certificate of Compliance as the site is not stable and the fence is to be revised per the direction of the Conservation Administrator second by J Mottola Vote 5-0-0 North Andover Conservation Commission July 24, 1996 Page 3 242-732, Lot 6 Candlestick Road, Certificate of Compliance, Stephen Doherty Mr Stephen Doherty appeared before the commission M Howard stated that there are discrepancies with the as-built plan when placed over the plan of record M Howard set up the light box for the commission and Mr Doherty to review the plans Utilities and septic system are not reflected on the plan M Howard stated the site is not stable as the as-built plan is inaccurate A letter will be sent to Mr Doherty specifying the inaccuracies Motion by J Mottola to DENY the Certificate of Compliance as the site is not stable and the as-built plan is inaccurate, second by D Feltovic Vote 5-0-0 242-760, Lot 13 Holly Ridge Road, Certificate of Compliance, David Zaloga M. Howard addressed the commission and stated that the applicant appeared at the July 10, 1996 meeting11to request a Certificate of Compliance That request was denied as the 25' no-disturbance zone had been cleared The commission required that a fence or other structure be placed along this zone to limit future disturbance M. Howard stated that the applicant complied with the commission's request and a fence is properly placed and constructed Motion by G Reich to ISSUE the Certificate of Compliance, second by J Mottola Vote 5-0-0 242-585, North Andover Estates, Discussion Expired Order of Conditions 242-600, North Andover Estates, Discussion Expired Order of Conditions 242-642, North Andover Heights, Discussion Expired Order of Conditions Curtis R Young of Wetlands Preservation, Inc addressed the commission Mr Dan Bernatas is also present Mr Young stated that due to an over-sight, the Orders of Condition for 242-585, 242-600 and 242-642 have expired He stated this is a significant over-sight and he wants to work towards a solution Mr Young presented a work item list to the commission for 242-585 and 242-642 Mr Dan Bernatas stated that foundations are dug at the Heights (242-642) Siltation from BVW needs to be removed Mr Young stated that the back of the slope is in good shape and stable Mr Young stated that Orders have expired and he requests the commission extend the Orders He stated that they need to continue the work to complete restoration and the rest of the project and an Enforcement Order may be used to accomplish that G. Reich asked about the four lots without a foundation and inquired if they would require filings Mr Bernatas stated that three lots in the Estates would require a filing, North Andover Conservation Commission July 24, 1996 Page 4 one lot would not Houses numbered 47, 48 and 50 would require a Notice of Intent Mr Young, correcting Mr Bernatas, stated house #48 is outside the buffer zone Mr Young stated the three lots are outside the buffer zone G Reich stated that an Enforcement Order in this sense is for the benefit of the Act not the applicant, but the work remaining to be done is in the interest of the commission There would be no need to file a NOI for the proposed construction at lots 47, 48 and 50 Mr Young stated Lots 5-9 (242-600) Wild Rose are done They require a Certificate of Compliance He stated that a request for Certificate of Compliance was denied last year J Lynch stated that one lot had potential impact downstream Mr Young stated that now there is nothing left to do to complete Order of Conditions 242-600 J. Lynch wants the cleaning of sumps and jetting of all drain pipe lines as necessary to be added to the work list M Howard wants them to fix the detention pond which may require more wetland alteration, The commission agreed that the pond is to be re- designed and a plan is to be submitted M. Howard stated that 242-642 refers to a bond of $25,000 The bond that is posted is in the amount of$5,000 Motion by G Reich to Issue an Enforcement Order to 242-585, 242-600 and 242-642, to allow completion of the previously approved work 1) Submit detention pond restoration plan by August 1, ✓ 2) Construct 5,000 s f replacement area at Wild Rose by September 1, 3) Remove debris and stone from small detention pond by September 1,, 4) Continue maintaining erosion control and clean the sumps on an on-going basis, 5) Pave road by September 30, 6) Stabilize Lot 45 by September 30, ✓ 7) Remove accumulated and restore replication area at the Heights by./ September 30, - 8) This Enforcement Order -does not allow for construction of any dwelling upon any lot within the buffer zone, second by D Feltovic, Vote 5-0-0 242-717 Lot B Summer Street Buffer Zone Restoration Issues The homeowner is not present J Lynch directed M Howard to notify the homeowner to attend the August 7, 1996 meeting North Andover Conservation Commission July 24, 1996 Page 5 PUBLIC HEARINGS 242-795, Lots 1 & 2 Berry Street, One Hundred Fourteen Trust, Continued from 6/5/96 242-796, Lot 4 Berry Street, One Hundred Fourteen Trust, Continued from 6/5/96 242-797, Lot 6 Berry Street, One Hundred Fourteen Trust, Continued from 6/5/96 242-798, Lot 5 Berry Street, One Hundred Fourteen Trust, Continued from 6/5/96 Mr Patrick C Garner addressed the commission He presented a letter to the commission and requested a continuance of 90 days for 242-795, 242-796, 242-797 and 242-798 He stated that extensive wetlands were found on the site and the owner is attempting to restructure financing J Lynch asked if there are any abutters present None are present The commission discussed the request to continue Motion by G Reich to Continue to October 16, 1996, the applicant is to re-notify the abutters via certified mail and publish a legal notice, second by D Feltovic Vote 4-1- 0 S Masse opposed 242- , Joanne Drive / Donna Drive, Campbell Forest, Continued from 6/26/96 M. Howard stated the commission continued this filing from the June 26 meeting He stated the outstanding issues 1) Submit alteration / restoration plan for those wetlands disturbed by septic testing, 2) Revise the drainage calculations, 3) Respond to comments from DEP, and 4) Continue working on the delineation M. Howard stated he received the wetland restoration plan, 4,221 s f of BVW and 9,271 s f of BZ have been altered due to septic work The Bylaw only allows for a $300 fine for crossing the BVW G Reich recommends foregoing the fine and requiring the applicant to replicate at a 2 1 ratio Mr Reich also states that since 4,221 s f of BVW has been altered only 779 s f of future alteration will be permitted M Howard stated future septic testing must be done Mr Curtis Young of Wetlands Preservation, Inc stated he is committed to restore in place and back to original grade J Lynch stated he does not believe the area disturbed is catastrophic as it is a temporary alteration and Curt Young has restored it Restoration of the areas may be warranted now Mr Young stated that if the project does not go forward, the restoration remains J Lynch stated he wants a higher level of restoration North Andover Conservation Commission July 24, 1996 Page 6 M Howard recommends no further perc testing and it will be referred to in the Order of Conditions as a condition He stated that additional perc testing is needed and wetlands crossings will again occur M Howard wants it conditioned in this filing J Lynch stated the issue at hand is the past violation, and that the overall development issues will discussed under the NOI filing M Howard recommends an Enforcement Order and a Cease and Desist Order Motion by G Reich to Issue an Enforcement Order and a Cease and Desist Order Steve Stapinski disagrees Motion by G Reich to Issue a Cease & Desist Order specifying no further work within 100' of a resource area, second by S Masse for discussion J Lynch stated any activity within 100' requires a Notice of Intent or a Request for Determination Vote 5- 0-0 Restoration was discussed J Lynch stated there are six areas where the violations occurred J Lynch stated restoration of herbaceous layer is to be done timely The Notice of Intent could be continued until the area is replicated D Feltovic stated waiting two growing seasons will be too long J Mottola agrees with D Feltovic Motion by G Reich to Issue an Enforcement Order to restore all disturbed areas and present a replication plan by September 15, 1996, further the Enforcement Order shall serve to lift the Cease and Desist Order for restoration work within 100' of a resource area, second by D Feltovic Vote 5-0-0 Drainage calculations were discussed J Lynch informed the abutters in attendance that the drainage calculations have been revised Mr Stapinski presented a drainage report to the commission The drainage calculations were discussed Lot 20 has a pond with post development decrease Mr Stapinski contends there will be no increase in the on-site water volume The culvert at Campbell Road has an increase in the 100-year storm At the 2-year storm there is an increase of Ulu h of a foot Salem Street pre and post are very similar The water surface remains the same Mr Stapinski wants the commission to allow peak rates to increase at Campbell Road He presented a hydrograph to the commission showing peak runoff at Salem Street at 28 6 The hydrograph was discussed Mr Stapinski presented Hurricane Bertha documents to the commission, which was not even a 10-year storm J Lynch stated that the day after the storm, he viewed the brook and it was higher Mr Stapinski stated that the DEP asked them to address flood elevation to Campbell Road He stated they can get the water off site quicker Amended basin sheets were submitted to the commission J Lynch stated he and Albert P Manzi, Jr viewed the video tape supplied by Mrs Goodwin The video tape shows standing water at driveway at the Goodwin home at 10 Campbell Road and water overtopping Campbell Road at the culvert All observed North Andover Conservation Commission July 24, 1996 Page 7 water elevations in the video seem to agree with the plans J Lynch stated that Stapinski's plan does not specify existing elevations on the Goodwin property The video shows that Boston Brook elevation comes up, thus holds back the ability of the project area to dram Mr Stapinski requested a continuance of four weeks because the revised wetland flags are not reviewed by the agent Then he can get it plotted and then have the agent review M Howard agrees and requested an escrow account be established for drainage review Mr Stapinski stated the commission should allow the developer to provide more retention than detention on site which would allow faster discharge of water G Reich asked what depths of stormwater management areas are anticipated Mr Stapinski responded 4' to 5' M Howard stated he defers this issue to the review consultant J Lynch stated there is theoretical principle behind getting the water out faster J Lynch stated he defers to the review consultant as to theoretical principle J Lynch stated he is trying to uphold all interests of the Act The stormwater management was discussed One-tenth of a foot of a two-year storm is not greater than the height of a 10-year storm Mr Young stated they are set by a mean discharge J Lynch stated the reports are to be passed on to the review consultant Motion by G Reich to establish an Escrow Account in the amount of$10,000 to fund the consultant's fee for drainage review, upon completion of such review the remaining funds with interest shall be returned to the applicant, second by D Feltovic Vote 5-0- 0 J Lynch asked M Howard to obtain three proposals for drainage review consulting work J Lynch recommends the commission view the video tape at the next public hearing, it will be shown on T V here and it is not to interfere with the commission meeting Mr Stapinski asked if he could take the video to review S Masse recommends showing it at the next public hearing Mrs Goodwin asked about the culvert and stated her concern is to have a house to live in after all is done She stated that the video was shot 6 - 8 hours into the storm during the April 1987 rainstorm Mr Stapinski stated hydrodata is based on SCS J Lynch discussed the flooding problem with Mrs Goodwin She stated the former Public Works Director was at the site after the storm Mr Stapinski stated a hydrograph is flow vs time Water surface elevation can reach its peak 9 to 10 hours into the storm It's like a weir Weir height changes Mrs Goodwin asked what recourse she has with the town as far as culverts J Lynch stated this is an existing condition and he could speak to the selectmen The filing before the commission insures that this condition will not worsen J Lynch will bring this issue to the attention of the Board of North Andover Conservation Commission July 24, 1996 Page 8 Selectmen A timely solution cannot be promised, but recognition of the existing problem will be brought to everybody's attention M Howard stated that, in theory, there is no more water going into Boston Brook than that now presently going there Motion by G Retch to Continue the Public Hearing to August 21, 1996, second by D Feltovic for discussion S Masse made a motion to amend the motion on the table to include re-notification of abutters G Reich stated that the commission has not required re-notification unless the filing is continued for more than one month J Lynch stated that there are abutters here this evening and continuance to one month does not require re-notification to abutters S Masse stated that the intent of the Bylaw is for bigger projects and each time it's continued, abutters should be re-notified and that is for the benefit of the applicant Mr Stapmski stated there is a great deal of work involved in re-notifying the abutters and it is very costly S Masse stated that an abutter can come in and state he was not notified of the continuance Curtis R Young stated that re-notification would be a burden on a lot of filings continued beyond a month G Reich stated this continuance is less than a month and does not require re- notification of abutters There is no second to the amendment The amendment failed Vote 5-0-0 to continue to August 21, 1996 242-818 Lot 59, Bridges Lane (Between #185 and #209). Continued from July 10 M Howard stated the DEP # and comments have been received The restoration issues have been addressed and the wetland delineation has been approved He recommends closing the public hearing Motion by J Mottola to Close the Public Hearing and Issue the Order of Conditions within 21 days, second by G Reich Vote 5-0-0 242- ,_216 Raleigh Tavern Lane, Lots 22, 33, 36, 37 & 103 (Salem Forest IV) Continued from July 10 M Howard stated Hancock Environmental Consultants requested a continuance to August 7, 1996 as they are waiting for the consultant's report Motion by G Reich to Continue to August 21, 1996, second by J Mottola Vote 5-0-0 242-819, West Side of Waverly Road, 240' south of Route 114 M Howard stated there are no outstanding issues The DEP # and comments have been received He recommends closing the public hearing Motion by G Reich to Close the Public Hearing and Issue the Order of Conditions within 21 days, second by D Feltovic Vote 4-0-1 J Mottola abstained North Andover Conservation Commission July 24, 1996 Page 9 NEW BUSINESS Discussion Master Plan Committee Questionnaire J Lynch stated that Maureen Hart, a member of the North Andover Master Plan Committee, submitted a report to him requesting input from the Conservation Commission They are in the process of preparing a Request for Proposals to award a contract to provide professional assistance to their committee The commission discussed their views and requested M Howard forward a written response to Maureen Hart Filing Fee Expenditure M Howard requested the commission hire a temporary intern to assist the office in data entry of all Conservation Commission files into the department's computer system The temporary position shall commence on or about August 5 for one month The individual will work 37 5 hours per week and will receive an hourly rate of $7 00 Motion by G Reich to appropriate the sum of$1,200 to hire the temporary intern to work 37 5 hours per week for one month at the rate of $7 00 per hour, second by D Feltovic Vote 5-0-0 DECISIONS 242-818,Lot 59, Brid-e Lane (Between #185 and #209) M Howard to draft order 242-819, West Side of Waverly Road,240' South of Route 114 M Howard to draft order Motion by G Reich to adjourn, second by D Feltovic Vote 5-0-0 i Jc I'SeOK W L c Jr