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HomeMy WebLinkAbout1995-01-18 Conservation Commission MinutesI NACC January 18 1995 Senior Citizen's Center Present George Reich Joseph Lynch Deborah Feltovic Michael Howard, Natural Resource/Land Use Planner Julie Farrino, Conservation Associate Note George Reic-i announced that Barbara Varoutsos has resigned as of noon January 18 1995 Thus there are currently five commissioners and the three present members constitute a forum Minutes Motion by Joe Lynch to accept the minutes of January 4 1995 meeting as written seconded by Deb Feltovic Unanimous Old Business Lot 3 Shanron Rd (DEP # 242-279) Certificate of Compliance Dan O'Connol from Christiansen and Sergi was present requesting a Certificate of Compliance for lot 3 Shannon Lot 3 was the last to be developed in the subdivision The lot has been stabilized and Michael Howard conducted a site visit on December 27 1994 to confirm stabilization Motion by Joe Lynch to issue a Certificate of Compliance for lot 3 Shannon DEP #242-279 seconded by Deb Feltovic Unanimous New Business Rocky Brook Road DEP #242-392, Extension of Order of Conditions Ben Osgood Jr present to request an extension to the Order of Conditions for Rocky Brook Estates The road is paved all drainage structures have been installed and detention ponds have been constructed The construction of the homes is under the same order and expires in April of 1995 The homes will continue to be constructed over the next year and a half George Reich questioned whether the wetland resource area has been re-flagged since 1987 Ben Osgood Jr believes it has not been re-flagged since that time The Conservation Commission would like the area to be re-flagged in order to determine if there has been a change to the wetland boundaries No construction will take place 50 feet from any wetland resource as flagged in 1987 Ben Osgood Jr is willing to re-flag the wetland resource areas where future construction will take place He does not want to re-flag the areas where work has already been conducted The area between lots 9 through 17 and lot 19 need to be re-flagged Prior to the issuance of an extension the flagging of the wetland resource area will be checked by the Conservation Administrator NACC -2- January 18 1995 Motion by Joe Lynch to deny the request for an extension to the Rocky Brook Estates file DEP #242-392 pending a re-flagging of the wetland resource area where future work will be conducted seconded by Deb Feltovic Unanimous Lot 15 Rocky Brcok Estates DEP #242-392 Modification Ben Osgood Jr present requesting a modification for lot 15 Rocky Brook Estates The site plan for the subdivision was approved in 1987 The plans show the septic system at a distance of 20 feet from the house New septic regulations require the tank to be 35 feet from the house The house is now closer to the wetland at a distance of 91 feet The house is also encroaching on flood plain land and filling will occur between elevation 116 00 and 116 58 Motion by Joe Lynch to accept the change as a minor modification to the Rocky Brook file DEP #242-392 seconded by Deb Feltovic Unanimous Lot 17 Rocky Brook Estates DEP #242-392 Modification Ben Osgood Jr present requesting a modification for lot 17 Rocky Brook Estates The original site plan was approved in 1987 Under the original filing the house location was 20 feet from the septic system Under the new regulations the septic system must be located at least 35 feet from the house The house will now be located 90 feet from the wetland resource area No flood plain will be altered Joe Lynch questioned if clearing will occur up until the 25 foot no-cut zone Ben Osgood Jr replied that only 30 feet beyond the back of the house will be cleared Motion by Joe Lynch to accept the change as a minor modification seconded by Deb Feltovic Unanimous 40 Wildwood Circle DEP #242-63 Certificate of Compliance Patricia McMahon the present homeowner was present seeking a Certificate of Compliance for 40 Wildwood Circle Ms McMahon has lived at 40 Wzlddood Circle for 11 years In the last year she was made aware that there was an outstanding Order of Conditions on her house which would prohibit her from clearing the title She is now in the process of selling the house and needs to acquire a Certificate of Compliance No final as-built plans have been submitted to the filing The area is stable and there are no wetland crossings Motion by Joe Lynch to issue a Certificate of Compliance for 40 Wildwood Circle seconded by Deb Feltovic Unanimous Ms McMahon questioned if her neighbor needs to seek a Certificate of Compliance The Commission discussed whether the file #242-63 was for the subd-vision or lot It was concluded that the file was for the subdivision NACC -3- January 18 1995 George Reich motioned for reconsideration of previous vote J Lynch seconded Vote unanimous Motion corrected by Joe Lynch to issue a Partial Certificate of Compliance for 40 Wildwood Circle seconded by Deb Feltovic Unanimous Lot 16 Candlestick DEP #242-575 Partial Compliance The applicant has requested an extension to the February 1 1995 meeting Amtrack - Discussion of waiver notification The applicant is requesting a waiver notification for the proposed Vegetative Management Plan(VMP) that will be conducted along the Amtrack train rail Historically the Conservation Commission has waived notification due to the excessive number of abutters The filing will be published in the paper but individual notifications will not be mailel Availability of Conservation Filing Fees - Discussion The Conservation Secretary is presently without a computer system and Michael Howard is interested in spending a portion of the filing fees to purchase a personal computer system for the department Motion to allocate up to $1 000 for the acquisition of a personal computer seconded by Deb Feltovic Unanimous Village Green - Discussion The Commission discussed the area of land located behind the Village Green Apartment Complex The land to the rear of the complex is owned by the Town There are some trees abutting the parking lot of the complex that need to be cut because branches are falling onto cars The manager of the complex would like to enter upon the property and cut back the trees or would like the Town to take care of the problem Michael Howard noted there is a tree warden in the Town and will contact him to address the problem Public Hearings Bradford Street Nap 62 Parcel 5 Representative not present but submitted a letter addressing the applicant's concerns with regards to the filing fees The North Andover Wetland Bylaw requires an additional charge of $25 for each additional 100 linear feet of wetland boundary to be reviewed under a Request for Determination According to the Bylaw, the wetland review for Bradford Street would total to over $2, 000 for filing cost The applicant questioned whether fees have been waived or reduced in the past The applicant also questioned the cost of NACC -4- January 18 1995 filing a Notice of Intent Under a Notice a filing fee is not required for the wetland review Would it be to the applicant's advantage to file a Notice of Intent and withdraw their Request for Determination application? If a Notice of Intent is submitted a detailed plan of proposed work will need to be submitted Motion by Deb Feltovic to continue to the next meeting seconded by Joe Lynch Unanimous 550 Turnpike, Crossroads Michael Rosati from Marchionda Associates present The Conservation Commission conducted a site visit on Saturday January 14 1995 at the proposed Crossroads development Soil samples were taken within and adjacent to the stream channel Standing water was present in the channel Based on the resource area not meeting two of three criteria for 1, 000 s f the North Andover Conservation Commission does not believe this site to be Jurisdictional Motion by Joe Lynch to issue a negative determination for the proposed Crossroads site at 550 Turnpike St seconded by George Reich Unanimous After the hearing was closed many abutters entered the room Chairman George Reich explained that the hearing had been closed and a negative determination was issued Mr Busby thought he was going to be contacted for the site walk George Reich explained it was the abutter's responsibility to call the office and acquire scheduled times for site walks Lot B Penna Lane, DEP # 242-727 Dan O'Connol from Christiansen and Sergi was present Mr O'Connol presented new pans indicating changes The USGS benchmark references were overlaid on the map The culvert under Stiles Road was noted on the plan The wetland was flagged and Michael Howard reviewed the delineation Michael addressed his concerns in the field with Curt Young who moved several of the flags that Michael disputed The restricted buffer zone and screening areas were also indicated on the plan Two culverts under the driveway were shown on the plan The engineers addressed Mr Fanuelle's concerns by placing the house 45 feet from his property and also placed the garage under the house to reduce the area of fall The foundation drain was also noted on the plan An additional plar was submitted that overlaid the FEMA Maps onto the assessors maps The lot is within the floodplain There appears to be some discrepancy in the FEMA information provided According to FEMA estimatiors it would take 10+ feet of water to flood the property in a 100 year storm Dan O'Connol feels the land outside the 190 contour is not bordering land sub3ect to flooding (BLSF) According to the FEMA maps, half of Penna Lane should be submerged under water Dan O'Connol is waiting FEMA to review their maps in order to determine accurate flood plain elevations NACC -5- January 18 1995 Mrs Fanuele questioned the meaning of specific markings on the plans for the lot Joe DiBlasi questioned an area of tree removal for the installation of the septic system Mr Fanuele asked about the tree removal within the 60 ft restrictive Buffer Zone George Reach explained that the restrictive vegetative buffer zones are addressed by the Planning Board Motion by Joe Lynch to close the public hearing on lot B Penni Lane and issue a decision in 21 days seconded by Deb Feltovic Unanimous Lot 3AA and 4A Winter Street Michael Rosati from Marchionda Associates was present to represent the applicant Nei plans were submitted addressing recommendations from the Technical Review Committee and the site walk conducted on Saturday January 14 1995 by the Conservation and the Planning Board The limit of work is delineated on the plan by the edge of tree-line A construction sequence broken down into 3 phases has been submitted on the plan The plan will compensate for the loss of vegetation as a result of the driveway crossing that will disrupt 150 SF of intermittent stream channel ^he representative has proposed to vegetate the detention pond with wetland plants after the stabilization of the common driveway Michael Howard suggested that the replication area might not be in the best location There is no hydrologic connection to and from this proposed detention pond Joe Lynch agreed with Michael Howard's suggestion of a possible relocation of the replication area The location of the replication area to be cited in the field under the direction of the Administrator Mr Rosati submitted handouts to the Commission for the new "Soil Guard" product that is applied to protect slopes from erosion It is a bonded fiber matrix that reduces soil erosion and water runoff and allows plants and moisture to penetrate A certified applicator by the company would need to apply the product Joe Lynch is concerned about the indicated areas where stockpiling will occur on the site Joe suggested hauling the loam offsite at the discretion of the Conservation Administrator if other locations for stockpiling cDuld not be determined Michael Howard questioned if the protect is sub3ect to outside drainage calculation review Joe Lynch discussed placing an easement onto the property He questioned where :he greenbelt area was designated NACC -6- January 18 1995 Motion by Joe Lynch to close the public hearing and issue a decision for lot 3AA and 4A Winter St in 21 days seconded by Deb Feltovic Unanimous Lot 5 Forest St Dan O'Connol present from Christiansen and Sergi No DEP # has been issued to this filing as of January 18 1995 Natural Heritage did not respond to she filing within their allocated 30 days An abutter questioned what the Natural Heritage Program was Motion by Joe Lynch to the close the public hearing and issue a decision within 21 days of receipt of the DEP file number seconded by Deb Feltovic Unanimous Lot 3 Forest St Dan O'Connol present from Christiansen and Sergi Proposal is for the construction of a single family home and driveway in the buffer zone of a bordering vegetative wetland Construction will not encroach upon the 25 ft and 50 ft no-cut and no-build zones The lot has been identified to be in an area of rare wetland wildlife species The file has been submitted to the Natural Heritage Program which has 30 days to review their potential concerns Michael Howard has reviewed the wetland line and would like to pull 2 flags away from the wetland The foundation drain has been displayed on the plan to the left corner of the house Motion by Joe Lynch to continue the public hearing to the February 15 1995 meeting seconded by Deb Feltovic Unanimous Decisions Motion by Joe Lynch to accept the decision of lots 1-6 Salem St as written seconded by George Reich Unanimous The Grady house needs to tie into sewer but it is not shown on the plans A separate Notice of Intent will be needed for this work Joe Lynch will write the decision for lots 3AA and 4A Winter St George Reich will write the decision for lot B Penni Lane Deborah Feltovic dill write the decision for lot 5 Forest St Motion by Deb Feltovic to ad3ourn at 9 40 P M seconded by Joe Lynch Unanimous Gorge L Reich