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HomeMy WebLinkAbout1999-06-16 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room June 16, 1999 Members Present: Albert P. Manzi, Jr., Chairman, Scott Masse, Vice Chairman, Robert Mansour, John Mabon and Deborah Feltovic. Joseph Lynch and Beth Wescott were absent. Staff Present: Richelle Martin, Conservation Administrator, Brian LaGrasse, Conservation Associate and Karen A. Fitzgibbons, Secretary. The meeting was called to order at 7 00 a.m. Minutes: March 24, 1999 April 7, 1999 April 21, 1999 On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to approve, as drafted, the above listed minutes. General Business: Discussion of sewer line to service Abbott Street (Julie Parrino & Jim Rand) Ms. Parrino stated the Town is considering proposing to the Commission that the sewer line be relocated to cut across Bill Hmurciak's property to the dry sewer that exists on Easy Street. Mr. Rand stated the homeowners will give the easements to the Town. Ms. Parrino stated the work will be in the outer riparian zone. Mr. Manzi stated a sewer line is not a one time deal, it is ongoing and there will be maintenance associated with it. Mr Rand stated with the new pipes we have and the new technology available today we don't have much problem, but can't promise there will never be a problem. Mr. Mansour stated he doesn't see too much of a problem if they were to file Mr Mabon stated he would have a problem supporting work in the no-disturbance zone Mr Manzi stated stay outside the inner riparian zone and don't go into the 25' no-disturbance zone. Mr. Masse agrees with Mr. Manzi, but more changes need to be made Ms Feltovic agrees with Mr. Mabon and Mr Manzi and further stated the plan is a lot better than it was before. Mr. Manzi stated again to respect the 25' no-disturbance zone and stay away from the inner riparian zone. Mr. Rand pointed out that since the bypass line was installed there has been no outbreak at Glenwood Street. Mr. Manzi acknowledges that. 242-846 COC Lot 1 B Pheasant Brook Road (Coolidge Construction) John McGarry is present this evening. Brian LaGrasse conducted a site visit on June 15" and stated the site is stable, he has no issues and recommends issuing a Certificate of Compliance. The bond is $3,000. On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-846 242-784 Discussion and/or Amendment to Abbott Village Subdivision Ben Osgood, Jr., Ben Osgood, Sr., Aurele Cormier and Alvin Maillett were present along with Atty. Speicher. Mr. Mansour stated that he requested information on the calculations, but did not receive it. Ben, Jr. stated that Peter Ogren made the calculations, however, Ben was unsuccessful in trying to reach Mr. Ogren to have the answers for Mr. Mansour. Mr. Mansour stated he feels the numbers were there just to fit the situation. Ben, Jr stated the flags were located 100 to the foot and most likely done on a planimeter on the plans and the numbers were approved by everybody. Mr. Mansour just wants to be sure the applicant can give the Commission what they say they can Atty Speicher stated as to the replication area, it can always be fixed a bit. Mr Mabon pointed out as to the detail on the bridge, there are no dimensions on the foundation. Mr. Manzi wants condition #27 addressed. Mr. Masse made a motion to grant the modification as minor subject to: Condition #15 being deleted and replaced with the following: Condition #15 The NACC approves the wetlands crossings and alterations as shown on the revised plans, contingent on construction of all of the replications shown on said plan Condition #16 and Condition #19 being deleted Condition #17 being amended to replace the number 12,005 sq ft. with 21,007 sq. ft Condition #27 being amended incorporating the following- The applicant shall submit a detail from the chosen supplier for allb ridges with all dimensions including footings. Approval of this modification request is contingent upon dismissal of all pending litigation by North Andover Land Corp. and release of all claims to the North Andover Conservation Commission and the Town of North Andover Ms. Feltovic seconded the motion and the vote of the Commission was unanimous 5-0-0. 242-901? Ratification of Enforcement Order Lot 25B Oxbow Circle (Aurele Cormier) On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to ratify the Enforcement Order for 242-901. 242-385 Ratification of Enforcement Order Lot 32 #66 Coventry Lane cont fr 6/2/99 Ms. Martin stated the detention pond was designed at elevation 175, but constructed at elevation 179. There was a letter from Phil Christiansen dated 2/25/93 stating it was not built properly Mr Manzi stated he remembers this, it went belly up and First City bought it Peter Tedesco brought it into compliance at elevation 175. On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to ratify the Enforcement Order on 242-385. 242-781 Ratification of Enforcement Order 40 Sugarcane Lane (lames Ducey) Mr. Masse stated that the next Conservation meeting is July 71h and the Enforcement Order states that the applicant must bring the property in compliance by 6/25/99 at the close of business If the property is not in compliance by the close of business on 6/25/99 the administrator can begin initiating a fine of $200 a day until said property is in compliance. Decisions: 242-963 433 Marbler►dge Rd (Richard Querc►) West Environmental Ms Martin had a draft Order of Conditions prepared for the Commission's review. There are no waiver requests. On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to approve, as drafted, the Order of Conditions for DEP #242-963. 242-953 2 Clark Street (Lawrence Municipal Airport) King Air Charters Ms Martin had a draft Order of Conditions prepared for the Commission's review There are no waiver requests. Ms Martin was instructed by the Commission to add that a qualified Environmental Monitor be on site daily and they are to submit written reports on a weekly basis The Environmental Monitor is to be approved by the Commission or Ms. Martin. On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to approve, as drafted and amended, the Order of Conditions for DEP #242-953 242-964 345 Berry Street (Daniel &Jeanmar►e Goudreault) Ms. Martin had a draft Order of Conditions prepared for the Commission's review. On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to approve, as drafted, the Order of Conditions for DEP #242-964. Request for Determination of Applicability 15 Forest Street (Jim Cassell) New England Engineering Ben Osgood, Jr is present this evening and proof of mailings were previously submitted to the Conservation Office. Ms. Martin stated the RDA is for replacement of a septic system within the Buffer Zone of a BVW. Brian visited the site on June 14`h, confirmed the wetland delineation and also observed a violation which consisted of yard waste (grass clippings and leaves) in the wetland. When Ben, Jr. had originally filed the application, Ms. Martin told him that she didn't feel as though it was appropriate to file an RDA for this septic system repair given thelimit of grading and nature of the work She recommended he file an NOI. The limit of work is proposed at 43' from the wetland line. The leaching field is proposed 70' away from the wetlands. There is no "No Disturbance Zone" associated with the BVW They are dumping yard waste in the wetland. Ms. Martin recommends issuing a Positive Determination of Applicability. Ben, Jr. stated the proposal is to replace a failed septic system The rear of the property is very wet, testing was done on the south side and it has a very high water table. The proposal is to use the same unit to a 10' x 60' leach bed with a slope requirement. The septic is 70' from the wetlands, hay bales will be used and construction will take place upslope of the hay bales Ms. Martin stated the homeowner has agreed to clean up the violation. Ms. Martin stated there will be a lot of conditions and feels an NOI is appropriate. Mr. Masse questioned why, after being instructed by Ms. Martin to file an NOI, the applicant would file and RDA Ben, Jr. stated the homeowner must correct the failed system, he has backup in his house, and an RDA is a quicker, less expensive way for the homeowner The Commission asked if it was an emergency situation and Mr. Osgood stated no, but there is backup in the home. Mr. Mabon made a motion, seconded by Ms. Feltovic, to issue a Positive Determination of Applicability. The vote of the Commission was unanimous, with Mr. Masse adding that since it is not an emergency situation he will vote to issue a Positive Determination of Applicability. 1160 Great Pond Road (Brooks School) (Richard Kaminski Assoc) Joe Cushing is present and stated the RDA is for confirmation of the wetland line only. No work is proposed at this time He delineated the wetlands, Mr. LaGrasse and Ms Martin changed some flags and Joe revised the plans. Two homes nearby can now tie-in to sewer through gravity Work can be done in Great Pond Road and they will be able to stay out of the 25' Buffer Zone or go another way, out of Great Pond Road, ask for a waiver, it will be a limited project and all disturbed areas will be restored. Mr. Cushing is asking the Commission which way should he go? Mr. Masse stated he does not feel the Commission should give an opinion since there are no plans before us for an NOI and the Commission is not given to grant waiversf Mr. Manzi explained to Mr Cushing that the Town DPW did not get a waiver for the Abbott Street sewer Mr. Cushing stated that we submit this so we can get feedback from the Commission so we can better design our project! Mr Mansour stated that you put in front of us a potential location of a pipe and are asking us if it is ok, when you are before us tonight for the confirmation of a wetland line) On a motion by Mr. Mansour, seconded by Mr Mabon, the Commission voted unanimously to issue a Positive Determination of Applicability for the wetland line referencing plans dated June 1, 1999 revised June 15, 1999. Notice of Intent(s) 242-945 Salem St, Map 54, Lot 14 (The Sanctuary) Merrimack Eng cont fr 5119199 John Soucy is present this evening requesting a continuance until the July 7`h meeting. Ms. Martin stated she had a very productive meeting with Mr. Soucy a couple of weeks ago, giving him a punch list of items to be addressed. He has addressed those issues and has forwarded the results to John Chessia. John has not completed his review in time for tonight, therefore, there is no correspondence from him indicating that his review is satisfied. Ms. Martin stated she feels certain his review will be satisfied and the Commission will be able to close the public hearing at the next meeting. Mr Masse commented that John Chessia seems to have no real issues, but Mr Masse did say the last time you should ask for a longer continuance! On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to grant the request of the applicant and continue the public hearing until July 71h 242-952 240 Charles Street, Map 75, Parcel 1 (GLSD) CDM cont fr 6/2/99 Ms Martin stated that John Chessia's review is satisfied and there are no outstanding issues. She recommends closing the public hearing and issuing a decision within 21 days. 242-965 Lots 23B & 24B Rocky Brook Rd(TKO Dev) Neve Assoc cont from 6/2/99 John Morin is present this evening Ms. Martin stated that Mr. Morin submitted the detail of the culvert design and hydrologic calculations. We are in receipt of a DEP number and there are no outstanding issues Ms Martin recommends closing the public hearing and issuing a decision within 21 days. 242-966 351 Willow Street (Neve Assoc) (Bake 'n Joy Foods) John Morin is present this evening. Ms. Martin stated that this filing was not appropriately advertised in the Citizen It was an error of the Citizen staff and they sent a letter acknowledging the mistake. We cannot open the public hearing. The filing will come before the Commission at the July 7`h meeting 242-959 Lot 4N Rte 114 east of Berry St (P H►ngoran►) P Garner Co. cont fr 6/2/99 Peter Hingorani and Patrick Garner are present this evening Ms. Martin stated that John Chessia's review is satisfied John suggested that the Commission condition submittal of a 20' scale where grading is in close proximity to the No Disturbance Zone, and Ms. Martin will incorporate that into the Order of Conditions. There are no abutters present this evening. Patrick Garner, unsolicited, stated for the record how much he enjoyed working with John Chessia and further stated that John has always been very professional in any dealings that Patrick has had with him. On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to close the public hearing and issue a decision within 21 days Adjournment: On a roll call vote, the Commission voted as follows to enter Executive Session for the purpose of discussing the filing for Willow Street. Roll call vote: Ms Feltovic yes Mr Masse no Mr. Manzi yes Mr. Mabon yes Mr. Mansour yes