HomeMy WebLinkAbout1995-09-20 Conservation Commission Minutes North Andover Conservation Commission
September 20 1995
Library/Conference Room - Town Hall
7 00 P M
PRESENT Joseph W Lynch Robert Mansour
Deborah Feltovic Walter Gangl
STAFF Michael D Howard Donna Mae D'Agata
Julie A Parrino
Joseph Lynch chaired the meeting as George Reich is not present
DISCUSSION
DPW Sewer Mork - Marbler3.dge Road, George Perna
Joseph Lynch stated that since there is no quorum (Walter Gangl not
present at 7 00 P M ) he would start the meeting with the
discussion of the Department of Public Works Sewer Work Director
of Public Works George Perna was present and addressed the
commission Mr Perna stated that the Public Works Department has
a Request for Determination of Applicability for the sewer work
being conducted in town A pipe across Marbleridge Road had to be
replaced, discharging into the wetland Mr Perna contacted Mr
Howard and the site was viewed A larger pipe must be installed
Therefore, Mr Perna is here this evening to discuss the matter
with the commission An abutter has serious drainage problems
J Lynch stated that a Negative Determination of Applicability was
granted to the Public Works Department for several roads in town
Maintenance of utilities was proposed then This pro3ect is an
upgrade to those utilities Originally, there were going to be
seven catchbasins J Lynch stated he walked the site last evening
and he saw five catch basins Mr Perna stated that one more has
to be put in at Abbott Street There are six catchbasins including
one that has to be upgraded All the catchbasins go to the same
wetland Mr Perna stated that the volume of water will not
increase and water quality will improve The Public Works
Department is looking for direction from the commission will the
proposed work require a Request for Determination or a Notice of
Intent
Walter Gangl arrived at 7 15 P M
The abutters Mary Borzi and Michael Borzi of 440 Marbleridge Road
are present Their concern is that the water is intended to flow
back to Calzetta and it doesn't, it 3ust sits there Their house
is the second house on the right off Johnson Street Their
property abuts the school Mr Perna stated some silt is now going
through The new catchbasin will help remove salt and keep it
clean The system's operation was discussed Mr Perna feels the
system will not surcharge Mr Borzi stated he doesn't see where
North Andover Conservation Commission 2
September 20 1995
the water comes from on Abbott Street J Lynch discussed the
drainage system with Mr Borzi M Howard stated the runoff is
coming from the road Mr Perna discussed the runoff with the
abutters Mr Perna stated his way is the best way to fix the
problem Mr Perna stated he needs to know what is required by the
NACC There is a time-constraint involved Mr Perna stated the
DPW can leave it alone clean a catchbasin on Abbott Street
connect catchbasins that go nowhere just a leaching basin, but
that is only a fix, it will not get rid of the water Sidewalks
are going in on Abbott Street in the future The street is to be
repaved If the road is repave DPW will not dig it up for
drainage for five years
J Lynch stated there is 400 ' to 500 ' of drainage work to be done
He would require a Notice of Intent Discussion ensued regarding
wetlands on the school property There is no drainage easement on
the Borzi property Mr Borzi stated he tries to clean the channel
of debris The abutters property could be raised at the house R
Mansour stated that if drainage is going in he would like
calculations to work with Mr Perna stated that calculations cost
a couple of thousand dollars but time is the problem
Discussion continued regarding the sidewalks at Marbleridge Road
and Abbot Street The sidewalk will go up Marbleridge Road but not
past the stretch of the wetland until next year A Notice of
Intent will be filed when the sidewalk goes in near the wetland
J Lynch polled the commission with respect to the filing of a
Notice of Intent
R Mansour Yes
W Gangl No
D Feltovic Yes
J Lynch Yes
J Lynch polled the commission with respect to the filing of an
Abbreviated Notice of Intent
R Mansour Yes
W Gangl Yes
D Feltovic Yes
J Lynch Yes
M Howard is to flag the area
MINUTES
No action
North Andover Conservation Commission 3
September 20, 1995
242-494, Southcross Road, Certificate of Compliance
M Howard addressed the commission The original developer is no
longer active The DPW is doing the roadway and they are holding
a Bond for $100, 000 This Bond will be utilized to clear
outstanding permits and insure that the road as constructed
satisfies town requirements The applicant Patrick Murphy is
seeking a Certificate of Compliance He is seeking to clear the
title to Lot 4 Southcross Road which is the last lot in the
subdivision M Howard recommends granting the request The NACC
has a $10, 000 Bond for this roadway J Lynch stated the Bond is
to be seized by the NACC for as-built plans
Motion by R Mansour to issue a Partial Certificate of Compliance
for Southcross Road for Lot 4 only second by D Feltovic Vote
4-0-0
242-662 , Lot 4 Southcross Road, Certificate of Compliance
M Howard addressed the commission M Howard has viewed the
site and recommends granting the request of Patrick Murphy
Motion by R Mansour to issue a Certificate of Compliance for Lot
4 Southcross Road and Release the Bond in the amount of $1 000
second by D Feltcvic Vote 4-0-0
242-743 , Lots 28 & 41 Salem Street, Review of Plans
Dan O'Connell of Christiansen & Sergi addressed the commission
Mr Robert Messina of Messina Development is present A footing
design was presented to the commission The consultant's report
was submitted There will be no blasting for the crossing
Blasting may be required just beyond the crossing if so, the
developer will come back to the commission The commission
discussed the dewatering plan R Mansour wants new plans showing
the bridge Mr O'Connell stated that plan will be submitted when
it is completed J Lynch stated the report before them is the
footing design M Howard stated the report is detailed J Lynch
stated that though the report is detailed it is not complete and
must provide more detailed information (dewatering) and geo-grid
should be submitted as a report The applicant is seeking
commission approval of the footing design Rotondo will do the
bridge R Mansour stated the commission does not have the
jurisdiction to approve footing designs Mr O'Connell stated that
Rotondo will not design the bridge until the regulatory process is
approved R Mansour requested a construction sequence J Lynch
requests a dewatering plan Mr O'Connell reiterated that he wants
the footing design approved so that Rotondo could design the
bridge Reports will be submitted to the commission and the
commission will get back to M Howard Request of release of the
bond was presented to the commission 50% upon completion of the
North Andover Conservation Commission 4
September 20 1995
bridge work 10% upon completion of the replication area 10% upon
completion of the flood storage area 10% upon completion of Lots
10 & 21 and the remaining 106 upon completion Mr Howard will
review and advise the commission
242-577 , Lot 44 Candlestick Road/Lot 44, #25 Jerad Place Road
Modification to Order of Conditions
The request is made by David Bardwell M Howard stated that the
subdivision file is 242-361 The Order of Conditions for file 242-
577, Lot 44 Candlestick Road was issued May 19 1992 and expired
May 19, 1995 Discussion ensued regarding the 25 ' no-cut zone and
the 30' no-build zone M Howard stated that Condition #17 of 242-
755 states "that the house is closer to the wetland than usually
permitted, therefore no deck or other future construction will be
permitted at the rear of the house" M Howard granted a waiver
for a deck A Waiver of the 25 ' no-disturbance zone is requested
The deck does not encroach on the wetland it is 27 ' from the
wetland David Bardwell stated he was not aware of the condition
He moved into the house this past year
J Lynch stated this is an administrative issue as the Order of
Conditions has expired The commission cannot issue a Modification
to an expired Order The applicant should return to the commission
with a request for a Certificate of Compliance pending submittal of
as-built plans
J Lynch called for a motion There was none The request for a
Modification to Order of Conditions failed for lack of a motion
242-416, #191 Coventry Lane, Certificate of Compliance
Thomas Neve addressed the commission and stated he is representing
Mr Alfred Torrisi Mr Torrisi is present The Order of
Conditions was issued July 28, 1987 Mr Torrisi hired Mr Neve to
conduct an inspection on his property in accordance with the Order
Mr Neve stated that he conducted an inspection and found that the
work within the buffer zone was performed in accordance with the
plan However the grading in the rear yard had extended beyond
what was proposed on the drawing The grading was installed
parallel to the slope and along a line measuring 10 ' to 15' from
the edge of the bordering vegetated wetland There was no evidence
that any of the wetland was altered The slope is stable The
administrator at the time (1987) walked the site and reviewed the
work that was done on the property
J Lynch noted that Condition #25 refers to "Any changes in the
submitted plans Notice of Intent, if the NACC finds, by a
ma]ority vote, said changes to be significant and/or to deviate
from the original plans, Notice of Intent, or this Order of
Conditions to such an extent the NACC will call for another
North Andover Conservation Commission 5
September 20 1995
public hearing within 21 days the NACC will issue an amended or
new Order of Conditions "
Mr Neve stated the slope and grading are stable M Howard stated
it is steeply sloped and stable M Howard wants a portion of the
bond seized for banking and he requests the commission view the
site J Lynch wants M Howard to check with town counsel
regarding bond seizure The house is outside the 50 ' zone The
plan was discussed The date of the plan is June 17 1987 the
plan was revised in 1988 J Lynch agrees the commission should
walk the site
Motion by D Feltovic to Take the Matter Under Advisement and
schedule a site walk at the end of the public hearing second by W
Gangl Vote 4-0-0
242-699, Lot 5 Turnpike Street, Rte 114 , Certificate of Compliance
M Howard stated the applicant Marsha Telesetsky is not present
He will discuss this request at the end of the public hearing
PUBLIC HEARINGS
242-771 Lot B-1 South Bradford Street
Mr Dan O'Connell of Christiansen & Sergi Engineers is present
representing John Zahouriko who is the applicant as well as the
owner This matter is continued from the September 6 1995
hearing The proposed work is for the construction of a single
family house and drive within 100 ' of a Bordering Vegetated
Wetland
Plans dated August 15, 1995, Revised September 15, 1995 were
submitted to the commission for discussion The sewer is in the
planning stage and may not be extended to this site until 1997 A
pump will be installed Inverts are shown on the plan M Howard
stated he approves the wetland line Mr O'Connell stated the 25 '
no disturbance line is not for construction Mr O'Connell
requests to be allowed to mow around the pond
M Howard stated that a letter was received from abutter John F
Shaw III of 230 S Bradford Street expressing his concerns The
letter was read by the commission and a copy was provided to Mr
O'Connell J Lynch stated the letter points out the interests of
the act M Howard will respond to the abutter The letter from
Mr Shaw is part of the file
Motion by D Feltovic to Close the Public Hearing and Issue a
Decision within 21 days second by R Mansour Vote 4-0-0
North Andover Conservation Commission 6
September 20 1995
242-757 , Boxford Street, East of 279 , (Jerad IV)
Mr Thomas Neve is present representing Mr Robert Janusz This
request is continued from September 6, 1995 Revised plans were
submitted to the commission as well as a drainage consultant
report The 25 ' no-disturbance zone and the 50' no-build zone is
satisfied Discussion of the town consultant's report ensued The
commission reviewed the plans Mr Neve will revise the plan
showing the flood plain J Lynch wants the applicant to address
the slope stabilization The spillway was discussed it is graded
to the middle It is a V-notch spillway infiltrator in the
bottom Abutter Elsie Pouliot was present
M Howard recommends closing the public hearing R Mansour stated
the FEMA Line is to be on the plan
Motion by R Mansour to Close the Public Hearing and Issue the
Decision within 21 days of Receipt of the FEMA Plan second by D
Feltovic Vote 4-0-0
242-763 , Lots 1 & 2 Boxford Road
Mr Thomas Neve is present representing Flintlock, Inc Mr David
Kindred Mr Kindred is present This request is continued
from September 6, 1995 Revised plans were submitted to the
commission Lengthy discussion regarding possible development on
Bogosian land future access road from Boxford Street Three
different plans were before the commission Mr Neve stated the
first plan submitted to the commission should be the accepted plan
The distribution of plants is being worked on by Steve D'Urso The
commission discussed the plan to be considered If a development
goes through, then a new Notice of Intent will be filed The
septic is going to be 100' from any wetland
Abutter, Richard Bradshaw, stated the driveway is five feet from
his property line The land there gets flooded yearly Mr Neve
stated the driveway location is at the shortest distance of the
high grounds Mr Neve stated the culvert at the driveway crossing
is designed for a 100-year storm event Mr Bradshaw stated the
water has come across Boxford Street twice Mr Neve stated the
area was dug and filled with dirt, air Joyce Bradshaw was present
and stated she wants to be assured that if a development goes
through, there would be recourse J Lynch stated if a development
goes through then a new Notice of Intent will be filed Access to
the culvert will be granted to the Bradshaws and others to allow
them to clear the culvert of debris Mr Kindred will grant the
Bradshaws and others an easement The plan being discussed is
dated July 11 1995 revised September 5, 1995
Mr Mansour stated the plan is to be modified showing the septic
system the septic system will be outside the 3urisdiction of the
North Andover Conservation Commission 7
September 20, 1995
commission Elsie Pouliot asked about the calculations J Lynch
responded and satisfied the abutters concerns
Motion by F Feltovic to Close the Public Hearing and Issue a
Decision within 21 days, second by R Mansour Vote 4-0-0
242-772, 80 Flagship Drive, Central Metal Finishing
Mr James Bourgeois of Neve Associates was present for the
applicant Central Metal Finishing Revised plans were submitted to
the commission The plan shows a 151x40' (600 s f ) addition to
the southwest corner of the building to enclose chemical storage
units The town's consultant report dated September 5 1995 was
filed with the commission M Howard checked out the flagline in
the field as is satisfied The chemical storage units in the
buffer zone have no hazardous waste M Howard stated he requested
Material and Safety Data Sheets (MSDS) and has not received them
Mr Bourgeois stated M Howard should be receiving them from the
applicant J Lynch stated the chemicals are all inside and there
is no exterior transfer The chemicals are now totally enclosed
M Howard stated the plans are good R Mansour discussed the 100
year storm event The predominant wetland is behind the
properties M Howard recommends closing the public hearing
Motion by W Gangl to Close the Public Hearing and Issue an Order
of Conditions within 21 days, second by D Feltovic Vote 4-0-0
NEW BUSINESS
242-699 , Lot 5 Turnpike Street, Rte 114, Certificate of Compliance
M Howard addressed the commission He stated that the Order of
Conditions requires a Professional Engineer's stamp on the as-built
plan The plan submitted has a Professional Land Surveyor stamp on
it M Howard stated there was a modification of the driveway
The Board of Health issued its compliance The commission
discussed the as-built plan R Mansour stated he wants the plan
stamped by a P E as required in the Order of Conditions
Motion by R Mansour to Issue the Certificate of Compliance upon
receipt of the as-built plan stamped by a Professional Engineer
second by D Feltovic Vote 4-0-0
Emergency Certification, Town Water Treatment Plant
M Howard addressed the commission He stated Lake Cochichewick is
low The Water Treatment Plant cannot get the boat into the lake
Dredging 6 to 8 yds with a backhoe is required to move sand mud
and accumulated debris out beyond the water line The spoil will
be brought to the Cyr Recycling Center for disposal The work will
be done under the supervision of the Conservation Administrator
North Andover Conservation Commission 8
September 20 1995
Erosion Control deemed necessary will be evaluated in the field
Motion by R Mansour to Issue the Emergency Certification to the
Town of North Andover Water Treatment Plant second by D Feltovic
Vote 4-0-0
DECISIONS
242-766 Lot 11 Lost Pond Lane
Motion by D Feltovic to accept the draft decision, second by W
Gangl Vote 4-0-0
242-770, Lot 12 Lost Pond Lane
Motion by D Feltovic to accept the draft decision second by W
Gangl Vote 4-0-0
242-771 Lot B-1 South Bradford Street
M Howard to draft decision
242-757 , Boxford Street, east of 279
M Howard to draft decision
242-763 , Lots 1 & 2 Boxford Road
M Howard to draft decision
242-772 , 80 Flagship Drive
M Howard to draft decision
SITEAALR
242-416, Lot 14 , #191 Coventry Lane
The sitewalk for 191 Coventry Lane will take place, Monday
September 25, 1995 at 6 00 P M
Motion gDeltovic to Ad3ourn second by W Gangl Vote 4-0-0
seph