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HomeMy WebLinkAbout1995-02-01 Conservation Commission Minutes f NORTH ANDOVER CONSERVATION COMMISSION FEBRUARY 1 1995 SENIOR CITIZENS ' CENTER PRESENT George L Reich Joseph Lynch Robert Mansour Joseph Mottola Walter Gangl Also present was Michael Howard Natural Resource/Land Use Planner and Danna Mae D'Agata Secretary of the Conservation Office MINUTES The minutes of the January 18 1995 meeting were reviewed Motion by R Mansour to accept the January 18 1995 minutes as written second bj J Lynch Vote unanimous OLD BUSINESS Lot 16 Cand_estick Road 242-575 Partial Certificate of Compliance M Howard stated that this petition was continued from the last meeting January 18 1995 Mr John Morin of Thomas E Neve Associates Inc was present representing Mr Robert Janusz The Order of Conditions was issue in May 1992 There is an encroachment o= a boulder retaining wall extending into the 25 ' no-cut zone by 4 ' This was not intentional on the contractor's part The retaining wall is approximately 6 ' high If the wall is to be moved it will require a big machine and will cause ground d_sturbance Mr Morin does not want to have to move the wall The commission reviewed the plan presented to them R Mansour stated he was a problem approving this plan M Howard stated the site is stable R Mansour wants the problem rectified Mr Thomas Neve was present and gave the commission some brief history of this site A plan was approved in 1988 The former Corservation Administrator moved some flags There were new locations and plans were revised Those plans received an Order of Conditions The wall was measured ten feet too close to the wetland The line was marked on the drawing not in the field The line was moved based on the former Administrator's recommendation Mr Neve stated the wall is 21 ' from the wetland and he is reporting it The contractor received an occupancy permit on this house and it was signed off The contractor, Robert Janusz is in partnership with Timberland Builders R Mansour is concerned with destroying the wall Mr Neve suggested fining the contractor There is a $3 000 bond posted with the Town for this lot J Lynch is not interested in moving the wall He would like to attach the funds to restore a site elsewhere G Reich stated the fines do not go into the general revenue account J Lynch wants the funds placed in a side North Andover Conservation Commission February 1 1995 Page 2 account M Howard stated the site is stable enough to issue compliance R Mansour stated he would like to set a fine G Reich stated that if compliance is issued that would automatically release the bond Mr Neve stated that the contractor realizes he made a mistake it was not intentional G Reich stated he believes this was an error There will be no fine Motion by R Mansour to ISSUE THE PARTIAL COMPLIANCE FOR LOT 16 CANDLESTICK ROAD second by J Lynch Vote 4-0-1 W Gangl abstained NEW BUSINESS ACEC Update G Reich updated the commission regarding his meeting with the Board of Selectmen The Board of Selectmen gave their approval to the Conserv4tion Commission There is a 3oint effort with the Board of Selectmen to go forth and begin the application process of the designation of Lake Cochichewick as an Area of Critical Concern (ACEC) The Department of Environmental Management (DEM) requires a pre-application meeting The hearings are held in town and in Boston Meeting Attendance Confirmation G Reich informed the commission members to notify the Conservation Secretary whether or not they will be available for attendance at the scheduled meetings so that he can determine if he has a quorur Discussion of %arrant Articles -- Filing Fees M Howard informed the commission members that Warrant Articles are due this week There was a discussion regarding town and state fees M Howard' s opinion is that the town cannot establish a fee greater than the state The deadline for the Warrant Articles is February 27 1995 Tom Neve claims that the articles must be published in the local newspaper and public hearings must be held G Reich suggested M Howard contact town counsel Joel Bard Lot 16 Carriacte Chase Road 242-292 Partial Certificate of Compliance Neither the applicant nor a representative was present for this request Lot 42 Lancaster Road, 242-652, Partial Certificate of Compliance Mr Paul St Hilaire informed the commission that all paper work is in He believes M Howard and A Manzi inspected the site He stated he is seeking release of the $5 000 bond The North Andover Corservation Commission February 1 1995 Page 3 replication area is 500 s f A plan was presented to the commission G Reich stated that a letter from a professional engineer is required M Howard informed the commission that the site is not satisfactory Silt is evident within the replication area and plantings were underwater He feels that re-planting and re-grading is required as well as removal of silt M Howard suggested a 50 percent bond reduction Mr St Hilaire would like $3 000 released G Reich stated he is inclined to agree with M Howarc The commission discussed the requirement of a professional engineer's letter for a Certificate of Compliance R Mansour does not have a problem with the release of 50 percent of the bond Motion by G Reich to release 50 percent of the $5 000 bond second by R Mansour Vote unanimous Availability oz Conservation Filing Fees M Howard tharked the commission for their vote on January 18 1995 in favor of purchasing a computer for the conservation office The vote was to allocate $1 000 for the acquisition of a personal computer M Howard is seeking an increase in that amount He researched and priced computers and recommends that the commission increase the amount allocated to ensure the acquisition of a reliable dependable personal computer Motion by J Lynch to allocate $1 300 for the acquisition of a personal computer The motion failed for lack of a second Motion by R Mansour to allocate $1 500 for the acquisition of a personal computer second by J Lynch with the condition that a commission memoer review the computer information prior to the purchase Vote unanimous North Andover Heights, 242-642, Status Report Mr Curtis R Young of Wetlands Preservation Inc appeared before the commission and informed them of current situation at the site There are small perforations in the bottom of riser pipe The pond is at a very low level right now The erosion control facilities on site are in good shape There is a low amount of runoff Curbing is in 98 percent of site The site looks very good On the Heights large amounts of unstable soil Currently trench going into site Trench will be backfilled Vernal pool has, been silted Toll Brothers has been responsive Curt Young stated hand raking of vernal pool must be done M Howard requested Mr Young return to the commission in two months to provide further updates on this site North Andover Corsservation Commission February 1 1995 Page 4 400 Sharpener's Pond Road At this time Mr Curtis R Young asked the commission to consider a site walk to 490 Sharpener's Pond Road There is an existing house behind a swamp The proposed purchaser wants a model electric railroad in the yard The lot is approximately four acres G Reich informed Mr Young that he would not be available this weekend for a site walk as he will be out of town Mr Young asked for a sense of the commission with respect to the model railroad in the wetland G Reich stated that he was opposed Lots 1-6 Salem Street, 242-721, Order of Conditions Bond Discussion Neither the applicant nor a representative was present for discussion PUBLIC HEARINGS Requests for Determination AMTRAK - Right of Way - Vegetation Management The request is to approve a vegetation management plan along the AMTRAK right-of-way for the purposes of approval of the wetland delineation area No work is proposed within the wetland resource area Mr Wayne Duffett of TEC Associates Consulting Engineers addressed the commission This request is for week spraying activities which allows AMTRAK to conduct vegetation management annually Mr Duffett stated he and M Howard inspected the =fight-of-way on January 17 1995 The spray that is used is approved by the Department of Environmental Protection (DEP) TEC Associates must use the spray that is on the lists of the DEP No wetlands can be sprayed and the must maintain 10 feet of the buffer zone M Howard stated that this is a yearly operational plan done in the spring M Howard verified the line on the plan by the vegetation W Gangl asked Mr Duffett what technique is used Mr Duffett responded that it is a contract truck spraying 10 feet from center line of track, about five feet from end of railway tie Mr Duffett discussed the plan with the commission members The process of the spraying was discussed Mr Duffett stated that while .in the truck during spraying the plans are in his lap M Howard stated that the plan is accurate Motion by J Lynch to issue a POSITIVE DETERMINATION accepting the delineation and permitting the vegetated plan second by R Mansour Vote unanimous 216 Raleigh Tavern Lane Farr Better Homes The request is to alter land at 216 Raleigh Tavern Lane for the purpose of crossing vegetated wetlands with a backhoe or similar North Andover Conservation Commission February 1 1995 Page 5 type of machirery in order to conduct official soil testing on land of the applicant required by the Board of Health and the Planning Board prior to submittal of subdivision plans for the property Mr Joseph J Serwatka P E of Hancock survey Associates Inc addressed the commission members He represents Farr Better Homes Inc , owners of the property He displayed plans and stated that they want to access property via a gravel path across wetlands M Howard stated that he had been out to the site to review the crossing locations He stated the first crossing is very wet Deep water testing to be done in March or April Two deeps per lot Approximately 7 lots, approximately 14 test pits ten feet deep the width of a backhoe Joseph Serwatka would like M Howard present when the backhoe is there M Howard discussed the plan with the commission members G Reich stated the Request for Determination would probably be positive therefore a Notice of Intent is required The work is to be done in March or April The plans are acceptable for the Notice of Intent Advertising and notice to abutters must take place There is no consideration for Negative Determination All that is needed is the proof of mailing and advertising The current filing is incorrect The applicant will be reimbursed for the costs for the second abutter notification and legal notices from the Conservation Filing Fees Joseph J Serwatka requested withdrawal of the request Motion by J Lynch to accept the request for withdrawal second by R Mansour Vote 4-0-1 Walter Gangl abstained Filing fees for the Request for Determination of Applicability will be returned Notices of Intent Lots 1-14 Hidden Pond Road, 242-718 Flintlock The applicant re-advertised and re-notified the abutters as this request is for a Modification to the Notice of Intent The modification is to include construction of a common driveway to serve Lots 5 & 6 Thomas E Neve addressed the commission and introduced Mr John Morin an engineer in training Mr Neve is the pro3ect engineer A new report was submitted to the commission members and revised plans were also submitted Mr Neve stated that he had met with the Technical Review Committee The Department of Public Works allowed them to reduce the shoulder widthE in some areas They will still need to fill in some wetlands The shoulders are 6 feet wide One to one riprap slope has been replaced with retaining walls as shown on the plan They have a conflict with FEMA study Mr Neve believes his flood plain differs seven-tenths from FEMA flood plain line Mr Neve feels he is dealing with more accurate information He has a flown topo He stated he is being more conservative than FEMA The FEMA flood plan equal to 124 feet (upstream elevations) and 117 feet (downstream elevations) have been added to the plans North Andover Conservation Commission February 1 1995 Page 6 One culvert has changed from 18" to 21" Mr Neve asked the commission to consider the common driveway for Lots 5 & 6 The driveway is le, feet wade If the commission does not consider the common driveway for those lots then Lot 7 would have to be moved over so that two driveways would be approximately ten feet next to each ocher The proposed driveway goes around a wetland The flood plain line is behind Lots 12 11 10 & 9 Five to ten feet of trees would have to be cut Mr Neve stated the consultant has been given the reports Consultant John Chesssa of Coler & Colantonio was present and addressed the commission He stated that the smaller area (lower right on plan) is being used for detention Mr Neve stated there is no measurable flood plan different Mr Chessaa stated there as quite a bit of open space left The road crossing at Mosquito Brook has been dry M Howard stated that the second area facilitates Mr Chessia's review Mr Neve by the time the flows get to the basin there as no difference in flood stage and runoff would be fine There is no room for detention ponds Mr Neve stated there is no change an elevation J Lynch would like to see controlled outlet There will be sumps an catch basins J Lynch as comfortable with elevations not comfortable with common driveway M Howard asked about proximity to wetlands J Lynch stated commission members met on site and applicant moved roadway back in per the North Andover Conservation Commission's recommendation The original design was riprap slope 2 ' to 3 ' retaining wall now eliminated Mrs Barbagallo an abutter asked about impact of driveway on culvert The drainage will be away from the homes She will not see increase in water Motion by J Lynch to CONTINUE to February 15 1995 to allow review of new documentation by consultant, second by R Mansour Vote unanimous 114 Boston Road, 242-730, Johnston Mr William Bergeron of Hayes Engineering appeared before the Commission The owner and developer of the property Mr Johnson was present There as a proposed roadway of 402 ' frontage for three new lots Last September there was discussion with this commission regarding 10 ' x 10 ' wetland an front of the corral The plan shows modification to drainage All surface runoff goes to architectural pond and then a crushed-stone falter barrier Flow greater than 75 ' three sets of haybales runoff would go through three separate areas The runoff from the street is collected through catch basin system Specimen trees are along the right-of-way There is an oak tree on rim of basin, behind the barn Mr Bergeron stated the Planning Board may approve no sidewalk Mr Arthur S Vaughan of 124 Boston Street asked about the impact on any extra drainage The engineer stated there as a North Andover Corservation Commission February 1 1995 Page 7 drain along the road to allow Mr Vaughan's water to drain M Howard stated that the Planning Board is having a consultant review drainage calculations Mr Vaughan stated that every other year the water gets high (indicating it on photos he gave to the commission members) G Reich stated the plan looks good R Mansour acreed and stated he would like to see drainage review Motion by J Lynch to CONTINUE to March 1 1995 so that the commission can review the consultant' s report second by R Mansour Vote unanimous Lot 6 Candlestick Road, 242- David Milot Mr Robert Masys of R A M Engineering was present and appeared before the commission The request is for a single family dwelling a plan was given to the commission members There is town water but no town sewer Walk-out basement There may be a deck no greater than 12 ' J Lynch stated that if a deck is to be built it -rust be on the plan The house is 53 ' from the wetland The ,septic system is in the front yard There was an Order of Conditions issued in 1978 for this lot (242-50) regarding the existing brook If a deck is to be built the applicant must submit a plan showing the deck Applicant will submit a plan showing the revised plans Motion by R Mansour to CONTINUE to February 15 1995 second by J Lynch Vote unanimous DECISIONS Penni Lane Lot "B" , 242-727 Motion by J Lynch to accept the Order of Conditions second by R Mansour Vote unanimous Lots 3AA & 4A Winter Street, 242-729 Motion by G Reich to accept the Order of Conditions, second by R Mansour Vcte unanimous Lot 5 Forest Street, 242-731 Motion by J Lynch to accept the Order of Conditions second by R Mansour Vcte unanimous Motion by J Lynch to ad3ourn at 11 00 P M second by R Mansour Vote unanimous 1� George Reich Chairman