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HomeMy WebLinkAbout1997-08-06 Conservation Commission Minutes r DRAFT North Andover Conservation Commission August 6, 1997 7:00 P.M. Department of Public Works Meeting Room PRESENT: Joseph W Lynch, Jr Robert L Mansour Scott Masse Deborah Feltovic Albert P Manzi, Jr John Mabon Beth Wescott STAFF: Michael D Howard Donna Mae D'Agata Richelle Martin Chairman Lynch called the meeting to Order at 7 00 P M MINUTES: July 2, 1997 No action July 16, 1997 No action GENERAL BUSINESS: Filing Fee Expenditures Conservation Administrator Michael D Howard requested the appropriation of$3,000 from the Wetland Filing Fee Account for the purchase of a Micron PC for the Conservation Office Further, Mr Howard requested the appropriation of$350 from the Wetland Filing Fee Account for the purchase of a file cabinet Motion by R Mansour to appropriate the sum of$3,500 for the purposes of purchasing a file cabinet for $350 and $3,150 for a Micron computer with an increased higher capacity hard drive, second by D Feltovic VOTE 5-0-0 242-158 - Partial Certificate of Compliance, Lot 61 Bear Hill Road This PCOC was requested by Richard Kaminski Ms Martin appeared before the Commission stating that the detention pond was constructed according to the Notice of Intent The Conservation Department is in receipt of a stamped as-built plan and a North Andover Conservation Commission Page 2 August 6, 1997 letter from a P E certifying compliance Ms Martin stated the site is stable and recommends issuance of the certificate for this lot only Motion by R Mansour to Issue the Partial Certificate of Compliance, second by D Feltovic VOTE 5-0-0 242-217, Lot 61 Bear Hill Road - Certificate of Compliance This COC was requested by Richard Kaminski Ms Martin appeared before the Commission stating that the detention pond was constructed according to the Notice of Intent The Conservation Department is in receipt of a stamped as-built plan and a letter from a P E certifying compliance Ms Martin stated the site is stable and recommends issuance of the certificate Motion by R Mansour to Issue the Certificate of Compliance, second by D Feltovic VOTE 5-0-0 242-790, Lot 2 Abbott Street, Certificate of Compliance This COC was requested by Dave Kindred of Flintlock, Inc Ms Martin appeared before the Commission stating that 25/50' setbacks were mandated and met The Conservation Department is in receipt of a stamped as-built plan and a letter from a P E certifying compliance Ms Martin stated the site is stable and recommends issuance of the certificate The bond is $3,000 Motion by R Mansour to Issue the Certificate of Compliance, second by D Feltovic VOTE 5-0-0 242-833, 922 Dale Street. Certificate of Compliance Ben Osgood, Jr of New England Engineering Services requested a COC for a septic repair at 922 Dale Street R Martin appeared before the Commission stating that 25/50' setbacks were mandated and met The Conservation Department is in receipt of a stamped as-built plan and a letter from a P E certifying compliance Ms Martin stated the site is stable and recommends issuance of the certificate The bond is $2,000 Motion by R Mansour to Issue the Certificate of Compliance, second by D Feltovic VOTE 5-0-0 North Andover Conservation Commission Page 3 August 6, 1997 242-728, Lot 2 Hawthorne Place, Partial Certificate of Compliance Coolidge Construction requested a PCOC for lot 2 Hawthorne Place Ms Martin stated that 25/50' setbacks were mandated and met The Conservation Department is in receipt of a stamped as-built and a letter from a P E certifying compliance Ms Martin stated the site is stable and recommends issuance of the certificate for this lot only Motion by R Mansour to Issue the Partial Certificate of Compliance, second by D Feltovic VOTE 5-0-0 Presentation - Bordering Vegetated Wetland, Richelle Martin Ms Martin provided the Conservation Commission with some educational insight on BVW's She also provided them with pictures during her presentation This lasted approximately ten minutes This is one of several informational presentations Ms Martin has made or will be making to the Commission Appreciation of Donated Services Mr Howard provided the Commission with photographs of the work done by William Barrett Chairman Lynch publicly thanked Mr Barrett for his donation of posts and installation of ten bird houses and ten bat boxes at Mazurenko Farm PUBLIC HEARINGS: Albert P Manzi, Jr arrived at 7 40 P M Requests for Determination of Applicability Lot 1, 1679 Osgood Street, Women's Health Care Realty Trust Joseph Cushing presented plans to the Commission The applicant is seeking confirmation of on-site wetland areas Mr Cushing stated that the Commission issued a Negative Determination in 1989 Mr Howard stated that he visited the July 31, 1997 A soils determination could not be made The plants are wetland indicators Mr Howard stated he is in agreement with the previous determination Mr Howard contends that it is not jurisdictional wetlands under the Bylaw On site he observed a dry, indistinct intermittent stream with limited bordering vegetation Mr Cushing stated he augured down two to three times and could not come up with any original soil It was dry as a bone He requests a Negative Determination with all likelihood it will require a Notice of Intent filing if the property is to be developed North Andover Conservation Commission Page 4 August 6, 1997 because all of the runoff could not be handled Mr Cushing stated that the property was formerly Coppola greenhouses Motion by A Manzi, Jr to Issue a NEGATIVE Determination of Applicability referencing the plan of record and language to include the filing of a Notice of Intent regarding any future work, second by J Mabon VOTE 6-0-0 Red Gate Pasture, 871-895 Salem Street - Mass Wetland Protection Act Red Gate Pasture, 871-895 Salem Street - Local Bylaw & Regulations Chairman Lynch recommended discussing both filings together Benjamin J Osgood, Jr of New England Engineering Services, Inc appeared before the Commission and requested the Commission consider each filing on its own merits The State filing is for,the purpose of making a determination on two on-site delineated wetland resource areas The wetlands are 1,539 s f and 239 s f The Local filing is for the purposes of work within the 100' buffer zone of two isolated wetlands Mr Osgood stated the site has about 300' on Salem Street The purpose of the State filing is because the wetlands are isolated and not connected to any stream, river, etc The purpose of the Local Filing is because it is outside the 50' no-build zone There is no hydrology to support that there is a wetland There is no wetland across the street He contends that this is not jurisdictional under the new Stormwater Management Act Mr Howard recommends taking two actions 1) Issue a Negative Determination regarding the Local Bylaw as the work is withinithe buffer zone but will not alter an area subject to protection under the Act 2) Issue a Negative Determination regarding the State Act for the two areas shown on the plan There are two structures coming out of detention pond #17 to control the flow Coler & Colantonio are reviewing the drainage Mr Howard stated he is satisfied with the delineation Mr Osgood stated there is a double catch basin in front of Mr Cyr's property There are no wetlands associated with the double catch basin Mr Steven Cyr of 985 Salem Street stated he is opposed to the detention pond He stated there is anon-going drainage problem The catch basins overflow People are getting water in their basements They do not want additional mosquitoes The size of the drainage pipe should be increased North Andover Conservation Commission Page 5 August 6, 1997 Motion by A Manzi, Jr to Issue a NEGATIVE Determination of Applicability for the State Filing referencing both areas based on the Conservation Administrator's inspection of July 31, 1997 and reference Box #1, second by D Feltovic VOTE 6-0-0 Motion by A Manzi, Jr to Issue a NEGATIVE Determination of Applicability with Erosion Control and at the discretion of the Conservation Administrator for the Local Filing and reference Box#3, second by D Feltovic VOTE 6-0-0 Notices of Intent 242-866, Lot 2, 357 Rea Street, Continued from July 2, 1997 Dr Sally Newman of Wetlands Preservation, Inc appeared before the Commission Outstanding issues were addressed She contends the site was visited by Natural Heritage She recommends a natural bottom culvert and bringing the limit of work closer to the driveway The July 23 addendum was addressed The river issue was discussed She submitted documents indicating the stream is quite dry The sizing of the culvert was discussed A revised site plan was submitted Mr Howard referred to his July 31 letter He stated the bordering vegetated wetland shown on the plan is accurate He required Flag No 38 to be re-labeled 38R The location of the flag is fine The bank is fine Mr Howard read verbatim a section from the Riverfront Act Dr Newman stated an evaluation form was submitted Dr Newman read a section on the drought from the Riverfront Act Mr Howard agrees that the definition of the data submitted is correct Mr Curtis R Young of Wetlands Preservation, Inc stated the issue is not a drought, but an extended drought He contends it is an intermittent stream not a brook Ms Newman stated the area is a 1 3 mile area, it flows year round Mr Young stated the floodplain is not part of the regulations Mr Manzi stated he is concerned that this has been a dry season and this is a close to a drought as we are going to get Mr Howard stated that Mosquito Brook is shown as intermittent Mr Young stated the term is an extended drought He suggested the Commission view the site Mr Howard recommended the Commission make a determination that is not subject to the Riverfront Act Mr Mansour prefers a sitewalk be conducted Mr Howard read from the July 31 letter, page 2, Wildlife Ms Newman contends that Natural Heritage states they are doing great She contends they are meeting the threshold recommendations of the DEP They will replicate the area over the threshold Mr Young stated there is 8,000 s f of impact to the site and 11,000 s f of replication and the area is in compliance and over the thresholds North Andover Conservation Commission Page 6 August 6, 1997 Mr Howard addressed the Stormwater Management Act The applicant's engineer is not present Mr Howard recommends establishing an escrow account for drainage review Mr Howard is concerned with the filling in of 5,000 s f of wetlands Mr Howard recommends a consultant look at the data Beth Wescott arrived at 9 20 P M Mr Mansour takes issue with the fact that responses to Mr Howard's letter of July 20 was issued August 6, today's date, by the engineer Phil Christiansen Motion by A Manzi, Jr to require the applicant to establish an escrow account in the amount of$2,500 maximum for drainage review, second by S Masse VOTE 6-0-0 Motion by A Manzi, Jr to CONTINUE to August 20, 1997, second by D Feltovic VOTE 6-0-0 Albert P Manzi, Jr left the meeting at 9 30 P M 242-871, Lot 1 Dale Street, continued from July 16, 1997 Mr Curtis Young of Wetlands Preservation, Inc addressed'the Commission Revised plans were reviewed He suggests a sitewalk be conducted He has not yet read the consultant's letter Mr Lynch stated the issues raised at the last meeting have not yet been addressed Mr Young requested a continuance to September 3 Mr Mabon requested that overall dimensions be depicted on the plan This site has town sewer Mr McCollister of 206 Dale Street has concerns with springs in that area Mr Lynch stated that could be discussed during the sitewalk Mr Howard stated the wetland line has been approved Mr Takesian of 198 Dale Street asked if the soils were tested Mr Howard stated the testing has not been done yet, but should be done prior to the sitewalk if the schedule permits Motion by S Masse to CONTINUE to September 3, 1997, second by D Feltovic VOTE 5-0-0 242-872, Lot 1 Sutton Street, continued from July 16, 1997 Mr Stephen Stapinski of Merrimack Engineering is present Mr Howard stated all outstanding issues have been addressed and recommends closing the public hearing and issuing a decision within 21 days North Andover Conservation Commission Page 7 August 6, 1997 Motion by R Mansour to CLOSE the Public Hearing and Issue a Decision within 21 Days, second by D Feltovic VOTE 5-0-0 NACC #6. Lot 2 Saile Way, continued from 7/16/97 Mr Dennis Quintal appeared before the Commission and provided them with revised plans An 18" culvert pipe was included with a critter channel Mr Howard stated outstanding issues have been addressed Motion by D Feltovic to CLOSE the Public Hearing and Issue a Decision within 21 Days, second by R Mansour VOTE 5-0-0 242-867, Boxford Street , Continued from 7/2/97 Dr Sally Newman of Wetlands Preservation, Inc appeared before the Commission Revised plans were submitted Mr Howard stated that this hearing was continued because plans were lacking detail and an engineer's stamp The plan submitted this evening is satisfactory and Mr Howard has no further issues and recommends closing the public hearing and issuing a decision within 21 days Motion by R Mansour to CLOSE the Public Hearing and Issue a Decision within 21 Days, second by D Feltovic VOTE 5-0-0 242-873, 706 Foster Street, Geraldine Lemoine Benjamin Osgood, Jr appeared before the Commission He represents the applicant Mrs Geraldine Lemoine The request is to repair a failed septic system which is within the 100' buffer zone of bordering vegetated wetlands Steven D'Urso delineated the wetland line Mr Howard approved the delineation The site is in flood plain zone 'A' The elevation is at 123 0' The 124' contour would require filling Mr Howard has no issues and recommends closing the public hearing and issuing a decision within 21 days Motion by D Feltovic to CLOSE the Public Hearing and Issue a Decision within 21 Days, second by R Mansour VOTE 5-0-0 242-876, 29 Johnnycake Street, Swaminathan Benjmain Osgood, Jr appeared before the Commission The request is to repair a failed septic system which is within the 100' buffer zone of bordering vegetated wetlands A local Board of Health Variance will be requested Mr Howard has no North Andover Conservation Commission Page 8 August 6, 1997 issues and recommends closing the public hearing and issuing a decision within 21 days Abutter, Joseph Trombley (Lot 4) stated he is concerned with water flow Motion by R Mansour to CLOSE the Public Hearing and Issue a Decision within 21 Days, second by D Feltovic VOTE 5-0-0 242-875, Route 114 McLay's (Stop & Shop) Steven Stapinski of Merrimack Engineering appeared before the Commission Plans were displayed Numerous documents were delivered to the Commission Mr Stapinski introduced the parties involved with the development Robert Dailey, Curtis R Young, Thomas Laudani, Gerry Lynn Laudani, Louis Minicucci and Mr Cillia Mr Stapinski stated the site is tight without detention ponds The Stop & Shop facility is comprised to three sites McLay's, NER Office Building, and McLay's Road which are all combined into one parcel They plan to remove all pavement He contends they have site plan approval from the Planning Board They have requested a waiver from MEPA The roadway will be widened and traffic signals will be installed There are wetlands along the Rte 125 corridor There are no wetlands on the site except for the southeast corner and on the west and east side of Rte 114 No resource areas will be altered Revised plans have been submitted regarding the alteration Parking will be added to rear of the site They are altering the bank only The real floodplain is at the McLay site The site is subject to the 100-year flood event The water from the catch basin on McLay's property drains into a brook As the brook flows, the culvert goes the other way and the wetlands begin to pond McLay Road is the big bowl That's the flood storage that will be lost There is no room on site for detention ponds A model area was replicated with box culverts under the street There will be no roof nor parking runoff, only runoff from the 24" pipe to the box culverts They have leaching pits which receive water runoff from roof drains The parking lot water is collected with catch basins The parking lot is graded at about 1% Mr Stapinski stated they must comply with the new Stormwater Management Policy Water entering the chamber spins the water and it flows into another chamber and then into a third chamber Ninety percent TSS removal rate for the entire site With storm detention, they have coverage for the 100-year storm The floodplain storage chambers operate the same way Mr Stapinski requested a Waiver from the 25' no-disturbance zone and the 50' no- construction zone North Andover Conservation Commission Page 9 August 6, 1997 Curtis Young of Wetlands Preservation, Inc addressed the Commission Plantings will buffer the building There is a loss of buffer zone There will be 5-10' width of trees at the edge of the fence The area will be re-vegetated below and above the wall A specific planting plan was displayed before the Commission The buffer zone will be grassed, treed, shrubbed over 5,000 s f The bank impacts are along Rte 114 They will re-plant where they don't have a headwall The sight distance will not be harmed Mr Stapinski submitted an Operations and Long Term Maintenance Schedule to the Commission Mass Highway wants bituminous concrete curb from Jefferson Office Park to their limit of work The catch basins will have four sumps Mr Howard stated he will continue working with the applicant Mr Howard recommends an escrow account for water quality be set up in the amount of$5,000 The applicant has the option to obtain three bids Mr Laudani stated there are two areas requiring Stormwater Management Policy and Water Quality and hopefully the process is not duplicated (with the Planning Board) Mr Laudani waives the option of three bids and will remain with Coler & Colantonio J Mabon asked about the extra fill Mr Stapinski stated the site will come up 3' with gravel and structural material Abutter Louis J Kmiec, Jr of 707 Turnpike Street, Countryside Offices, presented the Commission with a written copy of his concerns Chairman Lynch expects to see a Construction Sequence of stormwater management during construction Motion by R Mansour to require the applicant to establish a $5,000 escrow account with Coler & Colantonio, as the applicant waived the option of three bids, second by D Feltovic VOTE 5-0-0 Motion by S Masse to CONTINUE to August 20, 1997, second by D Feltovic VOTE 5-0-0 SITEWALKS Stop & Shop Sitewalk is scheduled for Thursday, August 14, 1997 at 6 30 P M The Commissioners will meet at the McLay's Parking Lot Dale Street Sitewalk cannot be scheduled, Mr Howard stated there are no stakes placed yet North Andover Conservation Commission Page 10 August 6, 1997 ADJOURN Motion by J Mabon to ADJOURN, second by D Feltovic VOTE 5-0-0 SAL , Chairman