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HomeMy WebLinkAbout1995-11-29 Conservation Commission Minutes North Andover Conservation Commission November 29 1995 Senior Citizens ' Center PRESENT George L Reich Joseph W Lynch Albert P Manzi Jr Robert Mansour Deborah Feltovic Joseph Mottola STAFF Michael D Howard Donna Mae D'Agata Julie A Parrino J Lynch called tt a meeting to Order at 7 00 P M The following commissioners were present Joseph W Lynch Albert P Manzi Jr Deborah Feltovic and Joseph Mottola MINUTES September 20, 1995 Motion by D Feltojic to accept the minutes of September 20 1995 second by J Mottola Vote 4-0-0 November 1, 1995 Motion by D Feltovic to accept the minutes of November 1 1995 second by J Mottola Vote 4-0-0 NEW BUSINESS 242-762 , 443 Boston Road, Lot 3 , Certificate of Compliance M Howard addressed the commission The request is from Paul Davis and Roberta Davis of 443 Boston Street M Howard stated the septic tank failed Merrimack Engineering submitted an As-Built Grading Plan which depicts the current condition as created due to the repair done to the previously failed septic system The commission reviewed and discussed the plan M Howard recommended compliance R Mansour arrived at 7 05 P M Motion by D Feltovic to Issue the Certificate of Compliance second by J Mottola Vote 4-0-1 Mr Mansour abstained Chairman Reich arrived at 7 06 P M 242-718, Lots 1-14 Hidden Pond Road, Modification to Order of Conditions Two issues before the commission 1) Common Driveway Modification and 2) Wetland Replication Modification North Andover Conservation Commission 2 November 29, 1995 John Morin of Neve Associates Inc represented the applicant Flintlock, Inc The applicant is requesting a Modification to the Order of Conditions There was an error in the original design which was the location of the common driveway for Lots 5 & 6 The approved plan was not accurate in depicting the crossing The commission approved a common drive over Lots 5 & 6 utilizing an existing crossing The pavement is 12 ' wide The crossing actually exits between Flags A37/A38 and A48 where there is an existing 12" corrugated metal pipe 20 ' long under the existing crossing The revised plans were reviewed and discussed by the commission M Howard stated he believes this to be a minor modification Motion by J Lynch to Accept the Plan as a Modification to the Order of Conditions 242-718 second by D Feltovic Vote 6-0-0 M Howard stated that the commission approved 1 010 s f of wetland alteration at the roadway crossing with 2 1 replication M Howard stated he instructed D Kindred Flintlock Inc to riprap the sideslopes (following BMPs) thus resulting in more wetland alteration than what was approved (938 s f ) Modified 2 1 1 replication will occur along the length of the road No bordering vegetated wetland will be altered This action was the best management practise Wetland replication square footage does not include bank Motion by J Mottola to Issue a Minor Modification to the Order of Conditions, 242-718 second by D Feltovic Vote 6-0-0 G Reich announced that the Request for Determination for Lots 6C and 6B Turnpike Street and the Notice of Intent for Lot 29C Sugarcane Lane will not be discussed this evening as the applicants have requested continuation to later meetings Conservation Restriction, Long Pasture 242-441 M Howard addressed the commission regarding the Conservation Restriction Application Form The form is required as part of the municipal permitting process The Planning Board has a condition of subdivision approval for Long Pasture Subdivision on Forest Street This is an approved subdivision The easement is intended as protection for abutters from the detriment of runoff and for local flood control measures The total acres covered by restriction is 18 5 The conservation restriction is required The protection of relatively natural habitat of fish, wildlife and/or plants is insured G Reich asked if Town Counsel reviewed the document M Howard responded in the negative A Manzi stated the town's best interest should be represented by counsel M Howard stated the Department of Environmental Management (DEM) must review the site North Andover Conservation Commission 3 November 29, 1995 and sign the document M Howard stated he will have Town Counsel review the application form and subsequently bring it back before the commission for signatures Osgood Hill Discussion M Howard addressed the commission and stated that Osgood Hill is under the jurisdiction of the Conservation Commission A Management Plan Manual must be drafted by the Conservation Administrator, go through the Public Hearing process and receive a majority vote by the commission J Lynch stated commission input in this manual is a 'healthy thing' DECISIONS 242-776, Rte 125 Andover By-pass, Meadowood III Motion by J Lynch to accept the Order of Conditions as drafted second by J Mottola Vote 6-0-0 NEW BUSINESS Discussion Filing Fees M Howard addressed the commission He stated that the current balance in the filing fee account is $33 195 55 of which $28 717 79 is available for expenditures M Howard stated that an 8MB RAM Upgrade for the 486 MHZ computer in the Conservation Office is needed in order to bring that computer up to standards for the Permit Tracking System The upgrade for that computer is $275 00 thru Techmate Personal Computers in No Andover M Howard stated that he is required to take an OSHA 8-hour refresher course This is an annual refresher course for training for hazardous waste operations The fee for this course at Institute for Environmental Education Inc is $150 00 M Howard stated that in the future he would like the commission to consider the expense of The signs for Osgood Hill - The Area of Critical Environmental Concern (ACEC) designation shoula be completed by an outside consultant M Howard stated that wetlands at Osgood Hill were previously North Andover Conservation Commission 4 November 29 1995 surveyed Merrimack Engineering Services, Inc has the plans and wants a fee for them A Manzi stated the commission already paid for them the plans were part of the deal for the parcel and Tom Laudani stated publicly the town would receive the plans Further discussion regarding Laconia Circle Wetland Replication and Continued Intern Funding were conducted - Wetland Maps M Howard stated the Wetland Maps are 20 years old and would like someone hired to update the maps J Lynch stated that aerial photos is the best way to go Tonight Mr Howard requests approval of filing fee funds for the OSHA 8-hour refresher course and the 8 MB RAM Upgrade Motion by J Lynch to approve $200 for M Howard to attend the Institute for Environmental Education Inc second by R Mansour Vote 6-0-0 M Howard stated that the Town is accepting proposals for providing a Permit Tracking System for all departments The Conservation Commission was not considered in the expenditure M Howard stated his computer is a 486 MHZ with an 8 MB RAM He must upgrade that computer to 16 MB RAM so that the office will have access to the Permit Tracking System The commission discussed the expenditure for the upgrade and requested M Howard return with written specs and bids as the verbal quote of $275 00 appears to be low for the 8 MB RAM Upgrade PUBLIC HEARINGS Request for Determination Lots 6C and 6B Turnpike Street, Riding Realty Trust The applicant is Riding Realty Trust The applicant's engineer Thomas E Neve Associates Inc requests continuance to the December 6, 1995 Motion by J Lynch to continue to December 6, 1995 second by J Mottola Vote 6-0-0 Notices of Intent 242-778 , Lot 5 Lost Pond Lane, D Kindred, Neve Associates 242-779 , Lot 6 Lost Pond Lane, D Kindred, Neve Associates These Notices were continued from the November 1, 1995 meeting for modified plans and more information on the plan regarding the North Andover Conservation Commission 5 November 29 1995 common driveway Modified plans for these filings were submitted to the commission by John Morin of Neve Associates Mr Morin stated there is no net effect on the wetlands The existing culvert is functioning The 25 ' no-disturbance zone and the 50 ' no-build zone was met Lot 5 meets the guidelines Lot 6 requires a Waiver of 25 ' for the driveway location Abutters Bonnie Driscoll of 166 Duncan Drive and Elsie Pouliot reviewed and discussed the modified plans Motion by J Lynch to Close the Public Hearing and Issue an Order of Conditions for 242-778 within 21 days second by A Manzi Vote 6-0-0 Motion by J Lynch to Close the Public Hearing and Issue an Order of Conditions for 242-779 within 21 days second by A Manzi Vote 6-0-0 242-781, Lot 29C Sugarcane Lane, R Janusz, Neve Associates The applicant is Robert Janusz The applicant's engineer Neve Associates requests continuance to the December 6 1995 meeting because of ' in-field' changes to the wetland lane by M Howard Motion by J Lyncb to Continue to December 20 1995 second by D Feltovic Vote 6-0-0 242-780 , Lot 15A Forest Street, R Janusz, Neve Associates John Morin of Neve Associates addressed the commission The filing is for the purposes of constructing a house, garage, driveway foundation drain and regrading within 100 ' of a bordering vegetated wetland Mr Moran stated that M Howard relocated wetland flags A7 and A14 The plan presented this evening reflects the flags locations as A7NACC and A14NACC The 25 ' no-disturbance zone and the 50 ' no-build zone have been complied with There is no deck on this house as it would infringe in the 50 ' no-build zone If a deck is requested in the future they will re-file R Mansour stated the house is extremely close to the 50 ' no-build zone and requests that the as-built plan showing the foundation located be required in the Order of Conditions The plan was reviewed and discussed by the commission The plan is not accurate as the 100 ' buffer zone is not depicted correctly A new plan is requested J Lynch asked about the utilities Mr Morin stated all utilities will come off of Jared Place Road The utilities are underground G Reich wants the underground utilities shown on the plan as well as the correction of the buffer zone North Andover Conservation Commission 6 November 29 1995 Motion by J Lynch to Continue to December 6 1995 second by R Mansour Vote 6-0-0 242-782 , Lot 158 Forest Street, R Scott Janusz , Neve Associates John Morin of Neve Associates addressed the commission The filing is for the construction of a house a garage a portion of a driveway a foundation drain and regrading within 100 ' of a bordering vegetated wetland Mr Morin requested the commission to waive the 25' no-cut zone for the foundation drain M Howard walked the site and there were no changes to the wetland line There is a shed on the property that could be removed by hand The existing lawn area is in the no-cut zone The garage is up to the 50' no-construction zone A certified plot plan will be submitted to the commission The plan was reviewed and discussed The wetlands across the street were flagged by Steven D'Urso That flagging was not approved by M Howard for this filing There are no wells across the street A water main was recently installed in the street There will be a formal abandonment of the existing septic tank The commission requested underground storage information septic tank information and utility information R Mansour stated a waiver may have to be granted The existing house will be removed by a backhoe Elsie Pouliot asked if the house is on well or town water Mr Morin responded that the house is on town water The well cap is underground Elsie Pouliot stated that there are still residents on Foster Street who are on wells M Howard is to discuss the wells with the Board of Health Agent regarding how the new septic will effect groundwater via the old well Motion by J Lynch to Continue to December 6 1995 second by D Feltovic Vote 6-0-0 DISCUSSION M Howard discussed the rules and guidelines of Executive Session DECISIONS 242-778, Lot 5 Lost Pond Lane D Feltovic to draft decision North Andover Conservation Commission 7 November 29, 1995 242-779 Lot 6 Lost Pond Lane M Howard to draft decision Motion by J Lynch to ad3ourn at 9 15 P M second by D Feltovic Vote 6-0-0 Z/22 G/eorge L Reich Chairman V