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HomeMy WebLinkAbout1997-11-19 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room November 19, 1997 Members Present: Joseph W Lynch, Jr, Chairman, Robert Mansour, Scott Masse, John Mabon and Beth Wescott, Associate Member Deborah Feltovic arrived at 8.50 PM and Albert Manzi,Jr,Vice Chairman was absent Staff Present: Michael D Howard, Administrator, Richelle L Martin, Assistant Administrator and Karen A Fitzgibbons, Secretary 6 30 PM Presentation by M Howard/vernal pools & endangered species Mr Howard instructing a group of Cub Scouts narrated a slide presentation on vernal pools and endangered species The Scouts were held spellbound as Mr Howard tried to pose as Mr Rogersf Mr. Howard gave very pithy answers to most of the boy's rather lengthy, convoluted questions The meeting was called to order at 7 13 P M Minutes: October 15, 1997 No action taken and November 5, 1997 No action taken Trails Committee Presentation(M Howard/M Goriansky) Mr Howard presented Michael Goriansky with a plaque honoring him for his years of dedicated service to the Town of North Andover as the chairman of the North Andover Trails Committee A reporter from the North Andover Citizen was present and took pictures and we expect to see a wnte-up in the Citizen soon Discussion of meeting schedule for holidays December 26, 1997 is a Friday this year and also a filing deadline for the January 7, 1998 meeting At a prior meeting it was discussed whether the North Andover Citizen would be open for faxing legal notices I contacted the Citizen and they will be open to receive faxes on that day Therefore there is no need to deviate from the established meeting schedule 242-718 Ext to OOC Lost Pond Lane Dave Kindred was present and stated the OOC for Lost Pond Lane is due to expire in March of 1998 and he is present this evening to request a one year extension Staff made a presentation stating that the project has been moving along well and remains if 1 compliance with the OCC Therefore, staff recommends extending the OCC as written so as to allow full completion of the project On a motion by Mr Masse, seconded by Mr Mabon,the Commission voted unanimously to approve the extension to the OOC for one year until March 6, 1999 242-095 PCOC Lot 46 #78 Vest WE(Attu Mark Johnson) An OOC was issued on March 4, 1981 authorizing construction of the roadway, a pond, a spillway,headwalls and other necessary appurtenances associated with the construction of a roadway. All of the homes within the development had to file separate NOI's and are permitted under separate OCC's This particular lot had an OOC, and received a COC. The homeowners are now looking for a PCOC Ms. Martin performed a site inspection,there are no violations on the property, therefore, she recommends issuing a PCOC On a motion by Mr Mabon, seconded by Mr Masse, the Commission voted unanimously to issue a PCOC for DEP file #242-095 242-657 COC Lot 25, 42 Tanglewood Lane (Christopher M Stevens) An OOC was issued on 6/7/93 authorizing single family dwelling construction within the Buffer Zone of a BVW Our records indicate that a COC was issued in 1994 yet there is no copy of this document in the file, at the Town Clerk's Office or in the possession of the applicant The entire $3,000 bond was released on 9/13/94 This was a period of time when there was no full-time Administrator it appears as though there was an office error where the money was properly released but the COC never got issued or mailed Mr Howard reviewed the file and determined that no work is left to be completed under the permit Mr. Howard recommends granting the COC. On a motion by Mr Masse, seconded by Mr Mabon,the Commission voted unanimously to grant the COC for DEP file#242-657 242-786 COC 21 Fuller Meadow Road (James Paluch) An OOC was issued on 2/8/96 authorizing construction of a pool and restoration of the 25' No-Disturbance Zone from a previous violation Setbacks of 25' and 34' were approved under this OOC A $2,000 bond was established and on 11/6/96 a partial release was granted reducing the amount of$1,000. At that time it was determined that the pool and restoration area had been constructed in accordance with the OCC The office is in receipt of a letter from a Wetland Biologist certifying that the restoration area is functioning quite well Mr Howard recommends issuing a COC and releasing the remaining $1,000 On a motion by Mr. Mansour, seconded by Mr Masse, the Commission voted unanimously to issue a COC and release the remaining bond money for DEP file #242-786. 242-115 PCOC Lot 45 #224 Carlton Lane (Libby Associates) 2 An OOC was issued on 12/21/82 authorizing construction of roadways (Johnnycake& Carlton)and homes which are in 100' of a wetland This lot was included in the NOI Due to the age of this file and the fact there are no violations on the property, Ms Martin recommends issuing a PCOC On a motion by Mr Mabon, seconded by Mr Mansour, the Commission voted unanimously to issue a PCOC for DEP file #242-115 242-847 Bond Reduction Lot 8 Settlers Ridge Road(Tom Zahoruiko) An OOC was issued on 2/6/97 authorizing construction of an 11 lot subdivision including roadway, associated utilities, and construction of other appurtenances 25' /50' setbacks were mandated and met The office is in receipt of a letter from a P E and as-builts certifying compliance with the OOC. Ms. Martin inspected the site and the only issue is the stabilization of the lot The lot has been seeded and will be fully stabilized in the spring The bond is $3,000 Ms Martin recommends releasing $2,000 from the total bond, leaving $1,000 for stabilization On a motion by Mr Mansour, seconded by Mr Masse,the Commission voted unanimously to approve a partial bond release in the amount of$2,000 for DEP file#242-847. 242-778 COC Lot 5 Lost Pond Lane (Paul Wolmering) Flintlock, Inc An OOC was issued on 1/18/96 authorizing construction of a portion of a driveway, foundation drain, and regrading within 100' of a BVW 25'/50' setbacks were mandated and met,the septic system is> 100' from the wetland and the bond is $3,000 The office is in receipt of a letter from a P E and stamped as-built certifying compliance with the OOC The site is stable and the bond is $3,000 Ms Martin recommends issuing a COC and releasing the $3,000 bond On a motion by Mr Masse, seconded by Mr Mabon,the Commission voted unanimously to issue a COC and release the bond money for DEP file #242-778 242-779 COC Lot 6 Lost Pond Lane (Tom & Chris Tetrault)Flintlock,Inc An OOC was issued on 1/18/96 authorizing construction of a portion of a house, driveway, foundation dram and regrading within 100' of a BVW 25/50' setbacks were mandated and met,the septic system is> 100' from the wetland. The bond is $3,000, Ms Martin inspected the site and has no issues, therefore, she recommends issuing a COC and releasing the bond money On a motion by Mr Masse, seconded by Mr Mansour, the Commission voted unanimously to issue a COC and release the $3,000 bond money for DEP file#242-779 242-775 COC Lot 7 Lost Pond Lane (Carlos& Susan Bielicki) Flintlock, Inc An OOC was issued on 10/19/95 authorizing construction of a portion of a home, driveway, deck, foundation drain and regrading within the buffer zone of a BVW 25/50' setbacks were mandated and met, the septic system is> 100' from either wetland,the site is stable and the bond is $3,000 The office is in receipt of a letter from a P E and 3 stamped as-built plans certifying compliance with the OOC Ms Martin performed a site inspection, has no issues and recommends issuing a COC and releasing the bond money On a motion by Mr. Mansour, seconded by Mr. Masse,the Commission voted unanimously to issue a COC and release the bond money for DEP file #242-775 242-765 COC Lot 8 Lost Pond Lane (Jim& Janice Boyle) Flintlock, Inc An OOC was issued on 9/7/95 authorizing construction of a home,foundation drain, driveway and regrading within the buffer zone of a BVW 25/50' setbacks were mandated and met,the septic system is> 100' from the wetland A cantilever deck was authorized by Mr Howard to be constructed The footings meet the 50' no-construction zone,the deck itself is 49' The bond is $3,000 Ms. Martin inspected the site, has no issues, and recommends issuing the COC and releasing the bond money On a motion by Mr Mansour, seconded by Mr Mabon,the Commission voted unanimously to issue a COC and release the bond money for DEP file #242-765 242-777 COC Lot 9 Lost Pond Lane (Edwin& Elery Shaw) Flintlock,Inc An OOC was issued on 1/18/96 authorizing construction of a home, foundation drain,and regrading within the buffer zone of a BVW 25/50' setbacks were mandated and met,the septic is> 100' from the wetland,the site is stable and the bond is $3,000 Ms Martin inspected the site, has no issues, and recommends issuing the COC and releasing the bond money On a motion by Mr Mabon, seconded by Mr Mansour,the Commission voted unanimously to issue a COC and release the bond money for DEP file#242-777 242-767 COC Lot 13 Lost Pond Lane (Jeffrey &Janet Hyman)Flintlock, Inc An OOC was issued on 9/7/95 authorizing construction of a home, foundation drain, driveway and regrading within the buffer zone of a BVW 25/50' setbacks were mandated and met,the septic is> 100' from the wetland and the bond is $3,000 Ms Martin performed a site inspection, has no issues and recommends the Commission issue a COC and release the bond money for DEP file#242-767. 242-744 COC Lots 6, 7 & 14 Lost Pond Lane (H20 ext) Flintlock, Inc An OOC was issued on 4/28/97 authorizing construction of a water main from Lost Pond Lane to Duncan Drive within the Buffer Zone of a BVW 200' of wetland restoration was allowed to be restored immediately after the water main is in place. The water main was constructed according to the approved plan There was an area that Mr Kindred rip- rapped due to the excavation of horse manure. Mr Kindred was present and stated that when running the water main down the easement area it was discovered the owner of the property has been dumping horse manure in this particular area for many years Kindred removed the manure, as it is an "artificial source of nitrogen loading", and rip-rapped was necessary in order to stabilize the excavated area. The erosion control measures have been removed since the area is now stabilized The office is in receipt of a letter from a 4 P E and stamped as-builts certifying compliance with the OOC Ms Martin recommends issuing a COC and releasing the bond money On a motion by Mr Mansour, seconded by Mr Masse, the Commission voted unanimously to issue a COC and release the bond money for DEP file 4242-744 Public Hearing(8:00 PM) Request for Determination of Applicability There are no RDAs on the agenda this evening. Notice of Intent(s) 242-882 Stevens St Map 96/Lot 36(Flintlock, Inc) Marchionda &Assoc cont fr 1115197 This agenda item was continued from the previous public hearing pending receipt of a revised plan depicting a box culvert in lieu of a structural span at the wetland crossing. Mr Howard stated he is in receipt of the revised plan and handed it out to the Commission for review The plan is complete with a detail and revised construction schedule, therefore, Mr Howard recommends closing the public hearing and issuing a decision within 21 days Mr Kindred was present and stated that each segment length is 8' wide Mr Mansour asked why not a bottomless culvert and Mr Howard stated they want to retain the natural flow with as little disruption as possible On a motion by Mr Mansour, seconded by Mr Mabon, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-862 Rocky Brook Est 11 Lots 1-6, IOA, I]A & 12B (Veve) S Breen cont fr 1011197 This agenda item was continued from the 10/1/97 public hearing, therefore, the applicant was instructed to re-advertise and re-notify the abutters John Morin was present and gave the Commission proof of mailing along with an Operation and Maintenance Plan Mr Howard stated he spoke with John Chessia and his review is now complete The applicant, however, has requested waivers of certain performance standards, and Mr Howard included correspondence regarding that in the Commission Member's packets The waivers were briefly discussed and Mr Howard pointed out the Town has gained wetland area in this project and we have maintained the 100' undisturbed corridor along the brook that we were looking to, preserve An open bottom box culvert with wing walls is proposed and the applicant would like to submit detailed plans as a condition of approval Mr Howard stated the O & M Plan is now in compliance and he recommends closing the public hearing and issuing a decision within 21 days On a motion by Mr Mabon, seconded by Mr Masse,the Commission voted unanimously to close the public hearing and issue a decision within 21 days. 242-871 Lot 1 Dale St MPG Realty Corp (Wetlands Pres) cont fr 10115197 5 This agenda item was continued from the 10/15/97 public hearing,therefore,the applicant was instructed to re-notify the abutters Enc Hayland was present and proof of re-notification was given to the Commission Mrs. Shuman,130 Marblendge Road, could not attend the meeting,however, she called the Commission office to state her concern that she does not want a wet basement if this project is built Mr Howard stated that at the last discussion of this application there was still a significant concern regarding post development runoff rates However, John Chessia's review is now complete and he is now satisfied that the analysis is correct and that post-development runoff rates are less than pre-development rates An environmental monitor will be on site and photos will be taken before and after Mr Howard asked if the plan shows disturbance to the wetland area and Mr Hayland stated no Mr Howard stated that no equipment or sheeting will be used in the wetland area Mr Hayland agreed with Mr Howard's restriction Mr. Lynch asked if the applicant had taken any soil borings to support the technical feasibility of the proposed construction method Mr. Hayland replied no Ms Wescott asked if the applicant thinks that the type of soil will hold sheeting? Ken Grandstaff stated that extensive soil test holes were done and there is no reason to believe sheeting won't go down 10 feet Mr Lynch stated that regarding sheeting, the Commission doesn't have enough information at this time to make a decision regarding its technical feasibility. Lynch further commented that the approach appears to offer the least intrusive approach to the proposed construction but we need technical supporting documentation to backup the proposed method. Mr Hayland stated that Mr Chessia thought the Commission would agree with 1' inland and using sheeting. Adele Fiorello stated the sheeting will come down to the mouth of the culvert, block off notch and no flow would be coming out Dan Takesian, an abutter, stated that is the wettest area and equipment will destroy the wetland and we all walked the area and should know thatt Mr Takesian stated that the whole proposal is a crock, the whole thing is a crock! You're up to your knees now in water in that area? Mr Lynch stated to the applicant that the Commission puts a lot more effort into reviewing proposed wetland crossings than reviewing the cursory information submitted at this time Lynch asked the applicant to submit more information so that the Commission may fully understand that sheeting will work and that a contingency plan is in place for dewatenng and lateral earth support during construction. (It is now 8 50 pm and Deb Feltovic just arrived). Mr Hayland stated they would like to go forward with the present plan and have no effect on the wetlands Mr Hayland, apparently not getting the message to submit additional information stated that the Commission could specifically condition the method in the project approval Mr Mansour stated there are no calculations for the sheeting and insufficient data) Mr Grandstaff asked what is the Commission's intent and Mr Mansour stated to protect the wetlands Mr. Grandstaff stated the engineers will design the wall to work and Mr Lynch stated he needs to know how deep the footing will go Again, the applicant was told"you're not giving us enough information" Mr Mansour stated that currently he doesn't have enough information to recommend closing the public hearing Kerry McCollister,an abutter, asked if the beaver pond is altered to the calcs change and Mr Hayland stated"no", the beaver pond is downstream from the site Mr. McCollister stated there is no question whatsoever that in the last 10 years the dynamics have changed due to the beavers. Mr Lynch stated that the project is upgradient of the pond and that the analysis shows not increase between pre 6 and post development runoff Therefore drainage performance standards have been met Mr. Lynch added that the hydraulic analysis of this project indicate that there are also not any affects by any off-site fluctuations in the beaver pond! Mr. Grandstaff asked who will review the structures, the three engineers sitting up here9 Mr Mansour replied we're not going to examine your engineer's stamp, it is his ass on the line) The applicant requested a continuance until 12/17/97 On a motion by Mr Masse, seconded by Mr Mansour,the Commission voted unanimously to continue the public hearing until 12/17/97 NACC#7 Lot 3, Saile Way (Eight Meadows Realty Trust)D Quintal cunt fr 1115197 This agenda item was continued from the previous public hearing in order to afford more time to resolve outstanding issues associated with access onto Lot#3 Atty Bailey, Dennis Quintal and Mrs Elias were all present Mr Howard included in the member's packets a memo he sent to Atty. Bailey, and the members took a few minutes to read the memo Atty Bailey stated that in 1992 the NACC issued approval of NACC 43 for a modification The roadway has been widened from 20 to 24 feet and the plans were approved as a modification. The Order for the roadway states that 25/50' setbacks shall not apply Mr Masse stated he read the OOC and feels with no specific condition changing,the Commission is not bound Atty Bailey stated these plans are much more detailed than the approved ones Atty. Bailey also stated he is sure the NACC didn't mean that an NOI need be filed for each lot,just and RDA, the big issue was how many detention ponds there would be The Applicant wanted one, the Commission and Planning Board wanted two. Atty. Bailey stated this went through a very rigorous review, we had many meetings with Conservation and Planning Mr Howard stated this is an approvable project is put on the other side Ms Wescott asked what is the difficulty in doing it as proposed and Atty Bailey stated it would require Planning Board review. The Commission as a whole decided that the plan before them tonight is what they must use Mr Quintal stated the detention pond is on the down slope side of the lot Mr Lynch asked if the driveway will be paved and Mr Quintal replied yes, and on the southerly side of the driveway is where the drainage is located and any runoff will be picked up in a swale culvert Mr Quintal stated in his opinion there is no impact to the isolated area Mr. Howard stated to the Commission that a small portion of the project 1s under their jurisdiction Mr. Howard stated that the Commission does not have as-built plans for the detention pond as yet, and Mr. Quintal replied he is working on them Mr Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted 5-0-1 (Mr Mansour abstained)to close the public hearing and issue a decision within 21 days. 242-2 2 2 1100 Salem Street(James Higgins) New England Eng Services cont fr 1115197 This public hearing was continued due to lack of a DEP file number and confusion over whether an area was"alleged" fill or not. There is still no DEP file number and Mr Howard has taken care of the"alleged" fill area On a motion by Mr Mansour, seconded 7 by Ms Feltovic,the Commission voted unanimously to continue the public hearing until 12/3/97 due to a lack of a DEP file number 242-885 Forest View Sub (Mesiti Dev) MHF Design Consultants cont fr 1115197 The applicant has requested a continuance of four weeks The applicant, John Chessia and Mr Howard have a meeting at DPW on 11/20/97 A site walk in conjunction with the Planning Board will be held on 12/6/97 at 8 00 am On a motion by Ms Feltovic, seconded by Mr Mabon,the Commission voted unanimously to continue the public hearing until 12/17/97 242-889 427 Winter Street (Jeffrey Isquith)New England Eng Services The applicant has filed an NOI seeking permission to repair a failed septic system within the Buffer Zone of a Bordering Vegetated Wetland The BVW delineation has been approved as depicted on the plan before the NACC An identified stream runs under Winter Street and behind this parcel, but it is depicted as intermittent on the latest USGS Map and thus not subject to the Rivers Bill The applicant has filed with the BOH but has yet to receive approval Ben Osgood, Jr was present and gave proof of mailing to the Commission The house is under agreement,test pits were performed in the backyard and there are suitable soils present It will be a mounded system about 2' high and Title 5 mandates that the runoff be sent away from the neighbor's property Mr Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Ms Feltovic, seconded by Mr Masse, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-888 Lots 1-8& 10 off of Cricket Ln (Walnut Ridge Sub) Copley Dev The applicant has filed an NOI seeking authorization to construct an eleven(11)lot residential subdivision off of Cricket Lane. The BVW delineation was approved through a prior RDA filing and there is no jurisdictional Riverfront Area of BLSF. The project is subject to DEPs"Stormwater Management Policy". Steve Stapinski, Tom Laudam and Adele Fiorello are present this evening Mr Howard asked the Commission to refer to his letter in their packets dated 11/18/97 addressed to Mr Stapinski The Commission took a few minutes to review the letter Proof of mailing was given to the Commission Mr Lynch stated the Commission Office received the application 10/31/97, Mr Howard issued a 5 page letter to the applicant stating there were many deficiencies in the filing and he is bothered by the fact that it is a very incomplete filing? Based on a significant deficiency in supporting data it appears the NOI is very premature and shouldn't be on the table! Incomplete NOI's, such as this do little other than waste the Commission's time, abutter's time and the applicant's time and money Mr. Howard stated that at some time we should stop accepting deficient submittals. Mr Howard listed the inadequacies in the filing as depicted in his 5 page letter to the applicant At this point Mr Stapinski stated he planned to address some of the items tonight the filing fee calculations,the 25/50' no-disturbance zone,the point source discharge Mr Laudam stated his projects 8 have been before the Commission many times and he apologizes for this filing The Planning Board wanted a reading from Conservation, but Mr Lynch stated it seems you are putting the cart before the horse! Mr. Laudam stated he didn't know all the lots in the subdivision needed septic testing,but Mr Howard stated only those lots in the Buffer Zone need testing Mr Mansour stated we can debate until doomsday,thinks the Commission could discuss a little of the project tonight. Mr. Laudani asked to establish an escrow account tonight Mr Mansour made a motion, seconded by Mr Mabon,to establish the escrow account Mr Lynch called for discussion- Mr Masse stated this is not the first time we've had to go over a poor filing—there are many minimum submission requirements not met in this NOII Mr Masse stated he doesn't think the Commission should allow a continuance, we should close the public hearing tonight and issue a decision within 21 days Mr. Laudani stated he feels that is a fairly aggressive move, feels his filing does meet the minimum requirements Mr Laudam stated all I'm asking for is a 2 week continuance and to establish an escrow account Mr Mabon agrees with Mr Masse and feels the applicant is pushing the Commission into a corner Ms Feltovic also agrees with Mr Masse and feels the Commission should consider the abutters and their time,however, she would consider a continuance The discussion ended and the vote was taken on establishing the escrow account The result of the vote is Mr Mansour yes Mr Mabon yes Ms Feltovic yes Mr. Masse no Mr Lynch no As the vote was 3 to 2,the motion carried and now the question is how much the escrow account should be established for Mr Howard stated he wants a decision of whether to continue this public hearing or nott Mr Masse suggested a compromise request telling the applicant he would be willing for them to withdraw and re-file with no additional fees paid Mr Laudam stated then we have to re-advertise, I'm looking for a two week continuance Mr. Lynch explained to the audience that the Commission does not have enough information to review the project tonight and it becomes cumbersome to the Commission to lead the applicant through a process that is clearly their responsibility to follow on their own Mr Howard stated he feels a four week continuance is appropriate Mr Howard stated to Mr Stapinski that we work a lot together and I have to say you don't seem to know what I want or need in a filing Mr Mansour made a motion, seconded by Mr Mabon,to continue the public hearing until 12/17/97 The vote on the motion is as follows. Mr Mansour yes Mr. Mabon yes Mr Masse no Ms Feltovic no Mr Lynch no As the vote was 2 to3 the motion did not carry Mr. Masse made a motion, seconded by Ms Feltovic, to close the public hearing and issue a decision within 21 days. The vote on the motion is as follows 9 1 Mr Masse yes Ms Feltovic yes Mr Lynch yes Mr Mansour no Mr. Mabon no As the vote was 3 to 2 the motion carried and the public hearing was closed and a decision will be issued within 21 days Mr Laudam was not happy at all with this vote and told Ms Feltovic that her comments during the public hearing led him to believe that she would vote in favor of a continuance! Mr Masse told Mr Laudam she could vote any way she wants? Mr Stapinski stated that he wanted the record to reflect that the applicant did not have a chance to speak on the filing Mr Lynch stated the record should reflect that the applicant did have a chance to speak on the filing and did so at length Adjournment: On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to adjourn the meeting Signed: J ep W L ncltl, Jr - Chairman 10