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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