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HomeMy WebLinkAbout1996-08-07 Conservation Commission Minutes North Andover Conservation Commission August 7, 1996 700PM Senior Citizens' Center PRESENT Joseph W Lynch, Jr Albert P Manzi, Jr George L Reich Robert L Mansour Deborah Feltovic Scott Masse STAFF Michael D Howard Donna Mae D'Agata Julie A Parrino Chairman Lynch called the meeting to Order at 7 05 P M MINUTES July 10, 1996, Executive Session Motion by George Reich to accept the Executive Session Minutes of July 10, 1996, second by Deborah Feltovic Vote 4-0-0 Mr Manzi and Mr Mansour not present July 10, 1996, Regular Meeting Motion by George Reich to accept the Minutes of July 10, 1996, second by Deborah Feltovic Vote 4-0-0 Mr Manzi and Mr Mansour not present July 24, 1996 No action OLD BUSINESS 242-717, Lot B Summer Street, Buffer Zone Restoration Issues Michael Howard addressed the commission and gave a brief history of the site The 25' no-disturbance zone and the 50' no-build zone have been encroached upon in addition to other minor violations In March of 1996, the commission required a split rail cedar fence be installed along the 25' no-disturbance zone, modifications to the planting plan, increase the bond to $5,000 and, plantings at the discretion of the Conservation Administrator Michael Howard stated that the homeowner is upset with the fence request and the location of the fence, therefore, he requested the homeowners Mr & Mrs Armano to appear before the commission Robert Armano and Helen Armano are present Mr Armano addressed the commission He stated that the house faces sideways and is at a slope with woodchips and plantings He feels that if a split rail fence is installed it would not be aesthetically pleasing He stated that the wetlands was an incentive for them when they purchased the home He proposes a picket fence abutting Summer Street He would like a thick row of shrubs instead of a fence along with mulch Michael Howard stated that the North Andover Conservation Commission August 7, 1996 Page 2 reason for the buffer zone is to mitigate storm water erosion and enhance water quality The Order of Conditions mandates the setbacks which have been violated Michael Howard stated he would like a wild flower mix, not mulch Mr Armano requested a hedge along the line He stated the grass is growing thick There are dead trees in the area and he'd like to clear them out but he will not encroach He stated he would like to mow the area if the commission allows, if not, he will let the grass grow George Reich stated that a physical barrier is requested Joseph Lynch stated he knows the Armanos have been thrust into this as the builder was in violation The builder built contrary to the approved plan Michael Howard stated Mr Armano was not aware of the problem until March when he saw stakes in his yard Michael Howard stated shrubs were placed along the slope Michael Howard recommends a row of shrubs along the no-disturb zone with a wild flower mix, except at one point at the top of the slope which would be closer to the no-disturbance Zone Mr Armano recommends shrubs to end where the bark mulch begins The as-built plan was reviewed with Mr & Mrs Armano Joseph Lynch stated the proper location is best determined in the field by the Conservation Administrator The shrubs would stop at a certain point and the wild flower mix would be planted Michael Howard recommends the installation of a combination stone wall/ornamental shrub row along the 25' No-disturbance zone, the final location of the buffer zone at his direction Motion by Scott Masse to Issue a Modification through an Enforcement Order to be determined by the Conservation Administrator, second by Deborah Feltovic Vote 5-0- 0 Mr Mansour not present NEW BUSINESS Filing Fees Expenditure Chairman Lynch moved this item to the end of the evening 242-585, Modification to Order of Conditions, No Andover Estates Darnel Bernatas of Toll Brothers, Inc addressed the commission He provided revised plans Mr Bernatas is proposing that the silt be removed by a crane The impact on the wetland is approximately 1,000 s f Michael Howard stated he met with Metcalf& Parker at the site The slope was approved at 1 1 Michael Howard stated that at the last hearing, the commission ordered the applicant to appear with anew plan Michael Howard stated that there will be additional fill and no room for replication Albert Manzi stated that the area chosen was below the detention pond and the site was maxed-out and they are losing 1,000 s f Mr Manzi stated that the original Order of Conditions was based on flawed engineering plans Michael Howard requested a decision be made this evening as the work is to be done in August so the growing season won't be deferred until the spring North Andover Conservation Commission August 7, 1996 Page 3 Scott Masse stated he has a problem with granting waivers on a project of such large magnitude Michael Howard stated the project protects downstream resource areas from flooding Albert Manzi stated the neighbor will have a double siltation pond and he objects to the fact that the commission has to fix the developers problem The commission feels this is not a Modification but an Enforcement Order Albert Manzi stated this is a permanent loss of resource area with no possible replication Scott Masse stated the Enforcement Order can be modified and he recommends an Amendment to the Order of Conditions Michael Howard stated the 1 1 slope plan was approved by the commission Joseph Lynch asked why the big concern after knowing of this problem for 18 months The commission can require the developer to do the work in the next growing season Michael Howard stated the risk is too great to wait a year with the 100-year storm Albert Manzi asked what mitigation the commission could get Mr Bernatas stated another area off-site was previously discussed Joseph Lynch asked if a wetland area could be created off-site Albert Manzi stated that was proposed a year ago Joseph Lynch stated the applicant does not own the land at Chestnut Street Michael Howard stated the work would start immediately The commission discussed the seizing of the bond if work is not done by September 1, 1996 Scott Masse recommends work by agreement and raising the bond Albert Manzi suggested a time-table bond Joseph Lynch stated the Order of Conditions has expired The applicant is looking to Modify the Order by doing more work under the Enforcement Order George Reich stated he is not comfortable with going with the Enforcement Order because the Order of Conditions has expired Albert Manzi feels the town would potentially be exposed to future legal action if an expired Order of Conditions is extended or an Enforcement Order issued for the proposed work Albert Manzi recommends a new Notice of Intent be filed for propose the work Motion by Albert Manzi to Issue an Enforcement Order requiring the applicant to file a Notice of Intent for this project by August 23, 1996 for the September 4, 1996 meeting to include detention pond reconstruction, removal of stone rip-rap from lower wetland resource area, and wetland replication, second by S Masse Vote 6-0-0 242-715, Partial Certificate of Compliance, Lot 13, 66 Sunset Rock Road Michael Howard stated the site is in compliance and recommends the Partial Certificate of Compliance for Lot 13 only Motion by Albert Manzi to Issue a Partial Certificate of Compliance for Lot 13, 66 Sunset Rock Road only, second by Deborah Feltovic Vote 6-0-0 242-726, Certificate of Compliance, Lots 35/36, 17 Sugarcane Lane Michael Howard stated the site is in compliance and recommends the Certificate of Compliance Motion by Albert Manzi to Issue a Certificate of Compliance for Lots 35/36, 17 Sugarcane Lane, second by Deborah Feltovic Vote 6-0-0 North Andover Conservation Commission August 7, 1996 Page 4 242-735, Certificate of Compliance, Lot 1A, 980 Forest Street Michael Howard stated the site is in compliance and recommends the Certificate of Compliance Motion by Albert Manzi to Issue a Certificate of Compliance for Lot 1A, 980 Forest Street, second by Deborah Feltovic Vote 6-0-0 242-736, Certificate of Compliance, Lot 2A, 990 Forest Street Michael Howard stated the site is in compliance and recommends the Certificate of Compliance Motion by Albert Manzi to Issue a Certificate of Compliance for Lot 2A, 990 Forest Street, second by Deborah Feltovic Vote 6-0-0 242-746, Certificate of Compliance, Lot 3, 1030 Forest Street Michael Howard stated a portion of the property was altered and the site is unstable William Barrett the applicant stated he wants clarification as the site was previously in compliance He stated that three weeks ago the homeowner disturbed the area Michael Howard stated the work is in the buffer zone Michael Howard recommends an Enforcement Order be issued to William Barrett requiring erosion control be put in place Michael Howard recommends denial of the Certificate of Compliance request Motion by Albert Manzi to Deny the Request for the Certificate of Compliance as the site is not stable and the as-built plan is inaccurate, second by Scott Masse Vote 6-0- 0 Motion by Robert Mansour to Issue an Enforcement Order to Cease and Desist any further activity affecting the wetland portion and to install erosion control along the perimeter of the disturbed area no later than the next conservation meeting, second by Albert Manzi Vote 6-0-0 242-593, Partial Certificate of Compliance, Lot 12, 235 Old Cart Way Julie Parnno stated the site is in compliance and recommends a Partial Certificate of Compliance for Lot 12 only Motion Albert Manzi to Issue a Partial Certificate of Compliance for Lot 12, 235 Old Cart Way only, second by Deborah Feltovic Vote 6-0-0 242-288, Discussion, Wetland Replication, Lot 27, 149 Laconia Circle Sean O'Leary was present for Peter Shaheen, Esq Peter Shaheen's office represents Mr Vincent Helfrich Mr Shaheen submitted a letter to the commission's office requesting the status of remaining work to be done in order to receive a Certificate of Compliance Michael Howard presented photographs of the site to the commission He stated that the commission seized the $1,000 bond in January of 1995 for the purpose of providing a compensatory wetland resource area George Reich stated the North Andover Conservation Commission August 7, 1996 Page 5 attorney was to draft an easement Michael Howard stated that access to the replication area is not feasible A fence exists George Reich stated an easement could require taking the fence down Michael Howard re-stated that regardless to the fence access to any replication area would continued to be an issue Albert Manzi requests an easement be put in place prior to any replication activity Scott Masse stated Town Counsel should review the easement To determine a location and limit of any proposed easement the commission will conduct a site walk and will notify Peter Shaheen's office of the date and time 242-654, 400 Winter Street, Discussion, Expired Order of Conditions Mr Tyler Munroe is present Michael Howard addressed the commission The Order of Conditions expired July, 1996 The applicant wanted to construct a barn The commission is holding a $500 00 bond Michael Howard stated the majority of the work associated with the expired Order is complete, the wetland replication is outstanding Michael Howard recommends allowing replication through an Enforcement Order at his discretion The applicant will have to file a new Notice of Intent for the barn construction Motion by George Reich to Issue an Enforcement Order to complete wetland replication work under the direction of the Conservation Administrator Upon completion of said work, the applicant shall submit a letter from a Registered Professional Land Surveyor certifying compliance with the Order by September 18, 1996, second by Deborah Feltovic Vote 6-0-0 Environmental Monitor Benjamin Osgood, Jr addressed the commission and requested to have New England Engineering Services, Inc (NEES) listed as a qualified firm for providing environmental monitoring Michael Howard stated NEES staff wetland biologist is qualified The commission will not endorse environmental monitors George Reich stated he would not object Scott Masse stated they should be taken case by case Michael Howard stated he advised Ben Osgood, Jr to appear before the commission for Woodlea Village Albert Manzi asked if Ben Osgood, Jr had any interest in the property Ben Osgood, Jr stated that his father sold the property to Mr Cormier Benjamin Osgood, Jr stated that if he had an ownership interest he would not review the site Michael Howard stated he is satisfied with Benjamin Osgood, Jr's qualifications Scott Masse stated no developer could be linked to any project present or past Joseph Lynch stated the environmental monitor assists the Conservation Administrator not the developer George Reich sees Woodlea as a conflict Joseph Lynch stated that NEES staff biologist is a qualified person and should do qualified work PUBLIC HEARINGS Request for Determination of Applicability North Andover Conservation Commission August 7, 1996 Page 6 Lot 2A Off Osgood Street, Beechwood Hill Subdivision Daniel O'Connell of Christiansen & Sergi appeared before the commission Mr Alfred Contanno is the owner of the property The wetlands shown are located off project on the property owned by George Barker All work is outside the 50' no -build zone The filing is for construction of storm water infiltration basin and associated grading within the 100' buffer of bordering vegetated wetlands Said construction will support the design of a 30,000 s f office/commercial building The area to be disturbed is 8,900 s f The commission discussed the plan Mr O'Connell requests a Negative Determination Julie Parrino stated the wetland flags have been reviewed Michael Howard stated the amount of work in the jurisdiction is minimal There are no abutters present Motion by George Reich to Issue a Negative Determination with Erosion Controls, second by Albert Manzi Vote 6-0-0 Notices of Intent 242- , 12 Massachusetts Avenue, Mobil Oil Corporation Domenic Scalise, Esq appeared before the commission representing Mobil Oil Corporation Stephen DeCoursey of Tyree Consulting Co is also present Mr Scalise stated the proposal is for the removal of the existing service station building and construction of a proposed 1,200 s f structure as well as a trash enclosure Mr Scalise stated the property abuts the Shawsheen River The applicant wants to eliminate the 1,400 s f budding, remove lifts and put in a 1,200 s f building with no auto repair Gas pumps will be expanded Mr Scalise stated they met with the Building Department, the Technical Review Committee, the Zoning Board of Appeals and they will be attending the Planning Board meeting in a couple of weeks A sketch of the site was displayed Michael Howard stated no DEP comments have been received The entire property is in the 100-year floodplain Mr Scalise stated there will be a net reduction in the impervious area A waiver is a requested for the no-disturbance, no-build zone The existing building is 16' There will be less pavement and more grass Stephen DeCoursey stated the runoff goes directly to the river Joseph Lynch is concerned with the oil and gas Mr DeCoursey stated the pumps will be in the same area Some water quality improvements will be seen The hydraulic lifts will be taken out of the ground Michael Howard asked about floor drains Mr DeCoursey stated sampling would be taken when they are removed All tanks that are subsurface are to remain They are adding more pumps and more Imes Robert Mansour stated the tanks will have to be assessed and hazardous material, if found, will have to be removed Mr DeCoursey agrees Mr DeCoursey stated the existing tanks are fiberglass Robert Mansour stated he sees concrete service deck and dispensing as a problem because the concrete decks are not cleaned properly and he wants the concrete decks cleaned because of the proximity of the river North Andover Conservation Commission August 7, 1996 Page 7 Mr DeCoursey stated there are monitoring wells on the site Michael Howard stated that water quality is the largest issue George Reich asked if the building could be moved ten feet Mr DeCoursey stated that it could not be moved because the tanker trucks could not get around the building Michael Howard stated the existing embankment is unstable The water line represented on the plan reflects the condition in April 1996 Mr DeCoursey stated the 100-year flood elevation is at 34' Mr Scalise stated the property line is the southerly line of the river Joseph Lynch recommended a site walk Robert Mansour stated the 50' waiver could be dealt with George Reich stated proposed erosion control is to be shown on the plan Mr DeCoursey stated the intented erosion control is it to install a silt fence in on the parking lot side Mr DeCoursey stated that Tyree Consulting is constructing the building He is the engineer and he will be on the site occasionally Michael Howard stated the commission could condition the required erosion control and should include haybales and silt fencing The gas usage and built-in shut-off pumps was discussed Mr DeCoursey stated any contaminated material will be removed to DEP as required He stated he is not aware of any contaminates at this site The tanks were replaced 20 years ago Joseph Lynch stated a site visit is needed There are no abutters present Motion by Albert Manzi to Continue to August 21, 1996 for DEP # and Comments, second by Scott Masse Vote 6-0-0 242-821, Lot 8B Summer Street, SFR Realty Trust Steven Saraceno of Neve Associates appeared before the commission The proposal is for the construction of a house, driveway, foundation drain, utilities and regrading within the buffer zone of a bordering vegetated wetland Mr Saraceno stated he feels the work will not cause any adverse affects A new septic system is shown on Lot 9B which they will abandon not remove Michael Howard stated resource 'A' is approved, 'B' is not There is no,Iwetland vegetation of any kind within the ditch There is no approval from the Board of Health at this time The leach field is outside the 100' buffer zone The lawn is manicured The filing is for the new dwelling and new septic system The commission is dealing with Lot 8B only not Lot 9B Joseph Lynch stated the 100' buffer line is at the leaching bed The house is 14' from the septic system The house has a perimeter drain towards the wetland area Steven Saraceno stated there is no foundation drain for the garage Albert Manzi recommends a foundation drain dumping into the dry well Michael Howard stated he could make a recommendation to the Board of Health regarding the foundation drain Michael Howard stated the wetland line has not been confirmed The DEP #was issued without comments Abutter, John Polli of 79 Johnnycake, stated he has a lot of water on his property The water seeps under his driveway He feels there will be more impact from this project North Andover Conservation Commission August 7, 1996 Page 8 He is concerned with the leach field going onto his property Robert Mansour stated the leach field is 100' away Joseph Lynch stated the performance of the leach field is the responsibility of the Board of Health Anything located outside the 100' buffer zone is out of the commission's jurisdiction The wetland line has not yet been approved If the line represented on the plan is not accurate and is closer to the wetland, then it is a concern of the commission Mr Polli stated he feels the water problem could get worse by the proposed construction Michael Howard stated the Bylaw requires the applicant to not worsen the runoff Michael Howard stated the upgradient intermittent ditch is on the property and not subject to protection Albert Manzi stated he is familiar with Johnnycake, and this site is higher in elevation than Johnnycake This area has a high water table Abutter, Joanne Perry of 59 Johnnycake, stated her back yard and house are frequently under water She stated she purchased her home in 1986 and she got water in 1993 She does not want any additional water in her back yard Abutter, Mrs Polli, stated when she purchased her property it was dry until all the recent construction happened Joe Marino of 381 Summer Street, stated he is an abutter and also the attorney for Tom and Nancy Varnum He stated Mr & Mrs Varnum are concerned that water will be added to the area The Varnums are concerned that their driveway will be under water They are also concerned for their pool He stated all the abutters are similarly concerned The culvert under Summer Street was discussed The culvert gets clogged and floods out Joseph Lynch stated the culvert inverts indicate the flow is going in the opposite direction, away from Johnnycake Abutter, Ann Bate of 38 Gilman Lane, stated she has water in her driveway because of the high water table She has never had to use her sump pump but since recent construction she now does Abutter of 414 Summer Street stated she has a stream under her pool She asked why the commission allows building in an area if they know there are wetlands there Joseph Lynch stated groundwater is not in the commission's jurisdiction If it is a natural habitat then it is a concern of the commission Groundwater is beyond the commission's purview According to the plan the proposed house is above the high water table Steven Saraceno stated the new Title V design is used at this site Mrs Perry stated there are failed septic systems in her neighborhood Michael Howard stated the septic system proposed is outside the commission's Jurisdiction The septic system will be reviewed by the Board of Health Motion by Albert Manzi to Continue to August 21, 1996, second by Scott Masse for discussion George Reich requests storm water protection, mitigate roof drainage, show post development will not impact the wetland, also the wetland line is to be North Andover Conservation Commission August 7, 1996 Page 9 walked Michael Howard will walk the abutting Polli property Permission was granted by the Pollis to do so Vote 6-0-0 NEW BUSINESS Filing Fee Expenditure Mr William J Scott, Director of Community Development & Services appeared before the commission regarding a grant application for aerial photos Michael Howard stated that he and Mr Scott recommend the expenditure of$5,000 from the Conservation Filing Fees to support the grant request through the Municipal Incentive Grant Program for aerial photogrametric and ground control flown at 1" = 100' and 2' contours Mr Scott is requesting $5,000 from the commission He stated that the Master Plan Committee has committed $5,000 This is one of the first steps in the GIS System The current aerial photos in the conservation office are very outdated Michael Howard stated the money being sought from filing fees is 1/6th of the total $30,000 expense Michael Howard stated he recommended Mr Scott request the $5,000 from the commission as the commission is the only entity which can keep and utilize fees Robert Mansour asked if other town departments could contribute Mr Scott stated No, Other departments cannot expend fees unless they appear in their annual budget Aerial photography was not budgeted for any department in FY '97 Mr Scott stated that after the aerial photos are done, the extent of town wide wetlands can be identified The photo mission will be done in the spring George Reich stated he would rather use filing fees for acquisition of open space land Motion by Robert Mansour to allocated $5,000 for the aerial photos pending approval of the grant, second by Deborah Feltovic for discussion Albert Manzi stated the commission purchased a system five years ago and the information is obsolete Joseph Lynch stated this set up is an appropriate system William Scott stated he would like to get photo mylars The students from the GIS Department at Salem State can digitize the wetland area Vote 5-0-1, George Reich abstained DECISIONS: 242-818, Lot 59 Bridges Lane (Between#185 and #209) Michael Howard read the draft version of the Order of Conditions The commission discussed the order Motion by Robert Mansour to accept this Order, second by Deborah Feltovic Vote 6- 0-0 242-819, West Side of Waverly Road, 240' south of Route 114 Michael Howard read the draft version of the Order of Conditions The commission discussed the order Motion by Robert Mansour to accept this Order, second by Deborah Feltovic Vote 6- 0-0 r North Andover Conservation Commission August 7, 1996 Page 10 ADJOURN Motion by Geor a to adjourn, second by Deborah Feltovic Vote 6-0-0 s ph W L nc , Jr Chairman