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HomeMy WebLinkAbout1997-10-15 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room October 15, 1997 Members Present Joseph W Lynch, Jr., Chairman, Deborah Feltovic, John Mabon, Joseph Mottola and Scott Masse Robert Mansour and Albert Manzi, Jr , Vice Chairman were absent Staff Present Michael D Howard, Administrator,Richelle L Martin, Associate Administrator and Karen A Fitzgibbons, Secretary The meeting was called to order at 7 00 p in Minutes: August 20, 1997 On a motion by Mr. Mabon, seconded by Ms Feltovic,the Commission voted unanimously to approve the minutes of August 20, 1997 August 20, 1997 Executive Session On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to approve the executive session minutes of August 20, 1997 September 3, 1997 no action on these minutes General Business: Presentation-North Andover Open Space Committee M Howard& J Thompson Elsie Pouliot and John Thompson were present and Mr Howard distributed a packet for the Commission members to review Mr Howard stated that the Open Space Committee was established on April 11, 1996 as a subcommittee of the Conservation Commission It is a 10 person committee that meets twice a month There are currently three projects being worked on a Comm Preservation Act warrant article for Town meeting, creation of an open space priority table and Chapter 61 A site evaluations The Open Space Committee is meeting with property owners to identify 61A property They are creating a trail map for the Town and a management plan for Town Farm Ms Colwell (Town Planner) will seek input from the Open Space Committee relative to open space in future PRI)s The Town has received a rail trail grant and a$230,000 Shawsheen River Trail grant Mr Thompson stated that we need to get our message out and the interest of the Town behind us The Open Space Committee met with the Master Plan people a couple of weeks ago and gave them copies of the legislative report Mr Lynch thanked the members of the Open Space Committee and added comment by stating the importance of keeping the Conservation Commission well informed early on in discussions of initiatives well in advance of the time that the Open Space Committee may need the NACC support at a selectman's meetings and Town Meeting 242-585/600/642/675 Enforcement Order No Andover Heights/Estates (Bruce Pitts) 1 4 This is a continuation of the Enforcement Order previously issued to Toll Brothers Bruce Pitts, representing Toll Bros was present Mr Lynch stated for the record that Toll Brothers has a laxidasical attitude toward the project and he is very concerned by that Mr Pitts had a letter stating that the wetland flag numbers had been added to the plan and they also have correct DEP numbers now Mr Pitts stated he has submitted shop drawings for gas and oil traps He has been in contact with Bill Hmurciak and Mr Hmurciak won't approve the type of gas and oil trap submitted WPI is looking at work to be done in the replication area Mr Pitts stated there are a few homeowners from No Andover Estates present this evening and he has spoken to them regarding the restoration of their property Mr Howard stated the facts concerning Mrs Graves' lot Mr Howard stated that he can settle most of the homeowner issues administratively through the Conservation Office Another homeowner, Gary Augustyn, has performed restoration work in the area he disturbed on his lot 110 sq ft of wetlands have been restored on lot 9, additional information will be provided on lot 6 Mr Pitts stated that 5 lots are still in violation, and if Mrs Blaine (an owner present this evening) is agreeable Toll Brothers will take care of the problem along with the other lots Mr Lynch stated the OOCs placed on Toll Brothers puts a perpetual obligation on them A homeowner stated that four years ago, when he purchased his property,the word"wetlands"was never mentioned to himl Mr Lynch stated that compared to all the Toll Bros ' people involved in this project over the years that Mr Pitts has been the most responsive Mr Howard agrees but further stated that Mr Pitts responsiveness is not that good and falls far short of meeting the Order of Conditions Mr Howard further stated that a very lengthy and comprehensive list of project violations, shortcomings, and non-compliance's was issued three weeks ago Mr Mabon questioned Mr Pitts regarding an issued raised in Mr Howard's letter and stated that as-built drawings are inaccurate which, in turn, caused encroachment into the no-disturbance zone Mr Mabon then asked Mr Pitts,"Don't you check your engineers work9" Mr Pitts stated they have used this particular engineer all the time and have never had problems before Mr Pitts stated that since Toll Bros bought this project it seems they have inherited all the problems of the past) Mr Mabon stated, "It seems that the Commission has inherited all of Toll Brother's problems 1" Kathy Herbst, 22 Ridge Way, asked how the Town monitored a building project? Mr Lynch explained the process to her and further stated that, ultimately, the final burden is on the developer to call the different departments to schedule inspections when needed Mrs Herbst asked where were you two (meaning Mr Howard& Mr Lynch) when all this was going on? Mr Howard took exception to this question and stated it is not a fair question at all Mr Lynch set the record straight by stating to Mrs Herbst that the record is quite clear of repeated non-compliance, and violations He further stated that attorney's representing Toll Brothers and future homeowners should have made buyers aware of the situation prior to the closing of the sale Mr Lynch concluded by stating that he was very certain that the NACC and other Town Departments have performed appropriately, above and beyond the call of duty, and that there was clearly a case to be made between the homeowners, Toll Brothers and all the Attorneys involved in the Real Estate transactions I Mr Howard stated for the record that he is taking offense at Mrs Herbst's remarks about the Commission being responsible for a violation' Discussion then 2 focused to the issue of levying fines for the current violation Mr Lynch stated the maximum amount the bylaw allows for a fine is$300 a day Mr Masse made a motion that the Commission issue a$300 a day fine pursuant to Chapter 178 10 from 9/24/97 until Mr Howard feels the site is in compliance The motion was seconded by Ms Feltovic and Mr Lynch asked for discussion from the Commission Mr Masse stated, rather heatedly, to Mr Pitts that he was very upset about the violations and Toll Brothers lack of response Mr Pitts stated that it was his understanding that initially disturbance of the wetlands was never discussed) The vote of the Commission on the above motion was unanimous 242-728 PCOC Lot 4/4A Hawthorne Place (Coolidge Construction) This request was previously denied because it was believed by Ms Martin and Mr Manzi that encroachment into the No-Disturbance Zone and No-Construction Zone had occurred Since then, Mr Howard has meet with the applicant on-site, setbacks have been verified and additional white pines have been installed to re-establish the no- disturbance zone Mr Howard stated that the homeowner is still cutting in the no- disturbance zone, but Mr Howard stated he could deal with that through an Enforcement Order Atty McGarry was present and handed Mr Howard a letter from the homeowner promising not to mow in the no-disturbance zone anymore Mr Howard recommends issuing a PCOC On a motion by Ms Feltovic, seconded by Mr Masse,the Commission voted unanimously to issue a PCOC for the above project 242-022 PCOC Lot 20A 251 Granville Lane (Burton S Khman&Assoc , Inc) An OOC was issued in September of 1979 authorizing construction of a subdivision and necessary appurtenances A bond was not required Ms Martin performed a site inspection and concluded there are no wetlands on the lot,therefore, she recommends issuing a PCOC On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to issue a PCOC on the above mentioned project 242-018 PCOC Lot 2, 30 Lacy Street(Gilmore& Jacobowitz) An OOC was issued in May of 1977 authorizing construction of several single family homes and necessary appurtenances A bond was not required Ms Martin inspected the site, there are no wetlands present and the lot is stabilized,therefore, Ms Martin recommends issuing a PCOC On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a PCOC for the above mentioned project 242-593 PCOC Lot 5 Old Cart WE (N E Engineering) This request was previously denied by the NACC because a retaining wall was not accurately depicted on the plan Mr Howard requested that a cross section be provided, it was, therefore Mr Howard recommends issuing a PCOC On a motion by Ms 3 Feltovic, seconded by Mr Mabon, the Commission voted unanimously to issue a PCOC for the above named project 242-059 COC Campbell Forest(Lyons WU) Atty M Johnson This OOC is superseded by the current Campbell Forest OOC This is administrative and therefore Mr Howard recommends issuing a COC. On a motion by Ms Feltovic, seconded by Mr Masse,the Commission voted unanimously to issue a COC for the above named project, noting that work on the project was never commenced and is superseded by the new OCC 242-074 COC Lot#E Lyons Way (Forest Estates)Atty M. Johnson This OOC is superseded by the current Campbell Forest OOC This is administrative and therefore Mr Howard recommends issuing a COC On a motion by Ms Feltovic, seconded by Mr Mottola, the Commission voted unanimously to issue a COC for the above named project, noting that work on the project was never commenced and is superseded by the new OCC 242-743 COC Evergreen Estates (DECM Essex, Inc) The NACC currently retains $8,000, plus interest, in bond money, down from an initial $100,000 Mr Howard stated the mortality rate (approx 25%) associated with the blueberry and swamp azalea is justified Mr Howard recommends issuing a COC and releasing the remaining bond money On a motion by Ms Feltovic, seconded by Mr Mabon, the Commission voted unanimously to issue the COC and release the bond money for the above named project 242-716 COC 1080 Turnpike Street(Lawrence Sturdivant) On a motion by Mr Mottola, seconded by Ms Feltovic,the Commission voted unanimously to issue and COC and release the remaining bond money on the above named project 242-715 Extension to Jerad III Subdivision(Rossi &Zolot)Neve Assoc An OOC was issued on 11/7/94 authorizing construction of a road and building single family homes on 8 lots Lots 15 & 16 are specifically requesting the extension and it was requested within the 30 day time frame Ms Martin recommends issuing the Extension Permit On a motion by Ms Feltovic, seconded by Mr Mottola, the Commission voted unanimously to issue an Extension Permit for one year(11/7/98) for the above named project Discussion of Outside Escrow Account establishment/Forest View Subdivision 4 Dick Pelletier was present and stated this is a proposed 95 lot subdivision off of Turnpike Street The applicant is looking to establish an outside escrow account as soon as possible Mr Howard stated he would, typically, not be in favor of this, however,the applicant has filed a Notice of Intent this week with the Conservation Department Elmer Pease stated that John Chessia is already reviewing the subdivision for the Planning Board,therefore, they would chose him to review for the NOI Mr Lynch asked if the NOI filing included the sewer coming down Route 114 and the subdivision and Mr Pelletier replied yes Mr Howard recommends establishing a$10,000 escrow account for the project On a motion by Ms Feltovic, seconded by Mr Mabon, the Commission voted unanimously to establish a$10,000 escrow account for Forest View Presentation- Buffer Zone Policy - R Martin Due to the length of this evenings agenda, Ms Martin's presentation is canceled Filing Fee Expenditure 2"d pager for Conservation Dept $100 and a Badge for Mr Howard in the performance of his duties $55 On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to expend $155 for the two items Public Hearings (8:00 PM) Request for Determination of Applicability RDA 492 Sutton Street (Charles Martin) Wetlands Preservation Mark Jacobs was present and stated that proof of mailing was given to Mr Howard at the site visit Mr Jacobs stated the site plans have a very minor change to them There is a small area of BVW, the line was reviewed by Mr Howard and no changes were made in the field No work is proposed under this filing,the applicant is merely looking for a positive determination approving the BVW as shown on the plan On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to issue a POSITIVE Determination of Applicability approving the BVW as shown on the plan RDA Pleasant Street Ext of sewer main (Tom Howlett) Marchionda &Assoc John Barrows was present and gave proof of mailing to the Commission The proposal is to extend an existing sewer main up Pleasant Street, erosion controls will be used and the wetlands have been flagged by Steve D'Urso Hay bales will slow down the water which will flow into 3 inch deep stone Mr Barrows stated that DPW has signed off on the project and it has gone to the state now Mr Howard stated the applicant will be responsible for erosion control and Mr Barrows has submitted a de-watering plan The erosion control follows the edge of pavement @ 20' away On a motion by Mr Mabon, seconded by Mr Masse, the Commission voted unanimously to issue a negative determination with a pre-construction meeting to approve the erosion control Notice of Intents) 5 242-871 Lot 1 Dale Street MPG Realty Corp (Wetlands Pres) cont fr 1011197 This is the continuation of the public hearing The Commission reviewed John Chessia's letter Mr Howard stated that Mr Chessia had received data yesterday (10/14/97) and standards 2,3 & 4 are outstanding Eric Heyland has been working with Mr Howard and John Chessia on the outstanding issues Mr Heyland stated that since the last meeting they have added drainage features to the plan, need 2' of cover over the pipes and used a detention basin to mitigate runoff A meeting was held with John Chessia on 9/19/97 to review the area of increase of volume and continents have since been given back to Mr Chessia Mr Heyland stated that most of the matters in the 10/10/97 letter are complex and he should review them with Mr Chessia himself Mr Howard stated that Mr Chessia feels the remaining issues can be resolved Mr Howard stated that Mr Chessia suggested a month continuance in order to allow time for review The applicant has made a sufficient response since the last meeting Kerry McCollister, an abutter, stated that he left the meeting last time with the feeling that the public hearing would be closed tonight, feels a lot of leeway has been given to the applicant and the public hearing should be closed this evening' Eric Heyland stated that a lot of people do not have a great deal of expertise working with DEP's new stormwater management policy and working it out takes time Mr McCollister further stated that he doesn't feel anyone should bring forth a project without all the answers Mr Takesian, an abutter, stated that if this project goes forward everyone in the area will have no backyards and feels the Commission should be more concerned about present homeowners not proposed million dollar homes, Mr Lynch stated the abutters that their points are noted Mr McCollister asked if he was to write the Commission a letter regarding this filing,would it be read9 Mr Lynch stated, of course Mr Howard stated that he has told Mr McCollister he would respond to any letter written Ken Grandstaff stated the process is somewhat convoluted and feels a month continuance is necessary Mr Howard recommends continuing the public hearing until 11/19/97 and re-notify abutters by return receipt mail On a motion by Ms Feltovic, seconded by Mr Mottola,the public hearing was continued until 11/19/97 and the abutters are to be re-notified by return receipt mail 242-882 Stevens St Map 96/Lot 36(Flintlock, Inc) Marchionda &Assoc cont fr 1011197 John Barrows was present and stated a few issues from the last meeting have been addressed, Contours needed to be identified, erosion and sedimentation plan has been drafted Utility installation will be within 20' of the property,the lots will be cleaned and grubbed, the driveway will be graded, loam spread and slopes hydro-seeded The second phase will include excavating and preparing the site for house construction. The question of when work will begin was asked of Mr Kindred and he stated that he doesn't plan to begin until May of`98 Mr Lynch noted the congested nature of the land and suggests that no on-site soil stockpiling be proposed Mr Lynch stated that he would, however, defer the soil stockpiling issue to Mr Howard's discretion The third phase will include installation of utilities, loaming & seeding and paving the driveways with a bituminous coating Mr Howard asked why clear cut all the lots at once, it is a Paxton soil and scares me to death Mr Barrows stated that with curtain drains there should be no 6 problem Mr Lynch stated that the sooner vegetation is cleared-out, erosion control measures can be better put in place It was suggested that Mr Kindred build one lot at a time to reduce the impacts,however, Mr Kindred stated he would really like to build the lots at the same time Mr Howard suggested a site visit Mr Mabon asked Mr Howard that if the project is going well, can you then work on the second house? Mr Howard replied that could be done, but it would be a reactive, rather than proactive, approach Mr Howard noted that the NACC has a chance to be proactive with this project Mr Melvin, an abutter, stated that directly where the culvert is becomes a pool,the culvert is either too small or clogged and I'm concerned about water Also, someone has dumped concrete in the area Mr Lynch asked Mr Kindred if you use gutters and downspouts and Mr Kindred replied no usually On a motion by Mr Mabon, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing until 11/5/97 A site walk is scheduled for 8 00 am on October 18, 1997 242-884 785 Turnpike Street Power Test Realty c% Getty Ptrlm Corp (Tyree Eng) Proof of mailing was given to the Commission Jack O'Leary, Tyree Eng, was present The site is the Getty Gas Station which has two pump islands, a paved area and two main driveways onto Salem Turnpike Ditches and streams surround the property The 100' buffer zone is shown on the plan The project is driven by new regulations, they must be upgraded by 1998 They will replace with equipment that will meet standards A canopy of 18' high will be used Stop& Shop will be putting in a new access drive and moving our access a bit The groundwater gets to within about 1' deep from the surface, therefore, de-watering into frac-tanks will be necessary Mr Howard wants the water coming out of the 2" carbon-bin of the frac-tank to be sampled De-watering should take one day, using two 21,000 gallon units on wheels It was mentioned that there are cars parked on the premises that are pending repairs and the Con Corn may have jurisdiction Jack O'Leary offered to take care of that problem, since it would be in his client's best interest On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to close the public hearing and issue a decision in 21 days. 242- 369 Salem Street Bogusha Duda (New England Eng) Ben Osgood, Jr was present and did not provide the Commission with proof of mailing Mr Osgood stated the project is a failed septic system in the watershed of Lake Cochichewick The home is set far back on the 1 15 acre lot and wetlands wrap around the whole property with the septic system 62' from the wetlands This is an interim repair, sewer will be down Salem Street in 5 years or so. Mr. Osgood stated that regarding a repair, DEP's requirement can be waived to 100' from 200' The septic system will be a mounded system 4' above the ground with a retaining wall along the back edge of the property Erosion control will wrap the site and it will be seeded in the Spring We do not have a DEP number yet, therefore, the Commission cannot close the public hearing Mr Osgood stated he will drop the proof of mailing off at the office On a motion by Ms Feltovic, seconded by Mr. Masse, the Commission voted unanimously to continue the public hearing until 11/5/97 7 Decisions: 242-878 Great Pond Road Map 35 Lot 005 Mr Howard had a draft Order of Conditions prepared for the Commission's review this evening The bond to be established is $6,000 On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to approve the draft Order of Conditions for 242-878 Great Pond Road Map 35 Lot 005 Adjournment: On a motion by Ms Feltovic, seconded by Mr Masse, the Commission voted unanimously to a4journ the meeting 141 Ix4f JVAI J ' ph W Lyn /,T Cliairman 8