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HomeMy WebLinkAbout1995-12-06 Conservation Commission Minutes r North Andover Conservation Commission December 6 1995 Senior Citizens' Center 7 00 P M PRESENT George L Reich Joseph Lynch Albert P Manzi Jr Deborah Feltov.ic Joseph Mottola STAFF Michael D Howard Donna Mae D'Agata Julie A Parrino Chairman Reich called the meeting to order at 7 00 P M MINUTES November 29, 1995 Motion by J Lynch to accept the minutes of November 29 1995 second by J Mottola Vote 5-0-0 DISCUSSION M Howard discussed the resumes received for the vacant positions on the commission He stated that he will schedule interviews The commission will then make a recommendation to the Board of Selectmen NEW BUSINESS Discussion Salem Street Sewer Line Neither Ben Osgood, Sr nor any representative of the Public Works Department was present for discussion M Howard addressed the commission regarding the Salem Street Sewer Line being installed by Benjamin C Osgood St on behalf of the Public Works Department The road is being excavated and a great deal of ledge was found There is a culvert under Salem Street close to Summer Street M Howard shut down the project yesterday There was still 50' more to be done M Howard stated they will file for a Notice of Intent should they finish the work M Howard stated that Bill Hmurciak called the office today and stated the work is finished until the spring M Howard stated he was concerned with blasting M Howard is seeking guidance from the commission He wants to know if he has to contact the commission before shutting down a project of this typle G Reich stated consideration is a case by case issue If the issue is significant M Howard should recognize it and make the decision The commission supports M Howard in his decisions This is a private project on a public way The pumping station was built years ago The area will be patched North Andover Conservation Commission 2 December 6 1995 Mr William Sullivan of Salem Street asked if the abutters will be notified if there is a filing He stated that his son is an abutter G Reich stated that it's possible that the work in the street, may not require a public hearing If no public hearing is required, no notification is to be sent Discussion Winter Replication M Howard discussed winter replication in general with the commission M Howard stated that a site could be staked out excavated and planting could be done in the spring A Manzi stated a construction sequence is required in the Orders Replications issues were discussed G Reich stated there is to be no net loss situation at any time A Manzi does not want replication in the winter M Howard will send letters out regarding no replication in the winter The Bylaw was discussed A Manzi stated that the only area in the Bylaw that could be adjusted could be SECTION VI E 2a "Wetlands replacement must be at least equal in size to the wetland If A Manzi stated that perhaps a number should be inserted rather than "equal in size" Discussion Osgood Hill Plans J Lynch stated that at the last meeting M Howard requested funds for plans of Osgood Hill At that meeting the commission felt that the plans were available from Merrimack Engineering and there was no fee involved M Howard stated that he spoke with Steven Stapinski of Merrimack Engineering on the phone regarding the plans for Osgood Hill There are no plans Delineation was done by Wetlands Preservation Inc J Lynch stated that M Howard's request for funds was valid however, further discussions with Mr Stapinski should occur PUBLIC HEARINGS Requests for Determination Lots 6C and 6B Turnpike Street, Riding Realty Trust, Delineation of Wetlands John Morin of Neve Associates addressed the commission The Request for Determination was continued from the November 29, 1995 meeting at the request of Neve Associates and granted by the commission The reason for the continuance was for plan revision The revised plans were presented to the commission M Howard stated the plan is accurate All wetlands on site are depicted on the plan M Howard recommends a Positive Determination be issued for Plan of Land in North Andover, Mass Prepared for Riding North Andover Conservation Commission 3 December 6 1995 Realty Trust Lots 6B & 6C Salem Turnpike" dated Revised Dec 5, 1995 Flag # Is 101-113 B-1-B16 Cl-C32 Offsite Wetlands not delineated with this filing and stream labelled "Ditch" adjacent to Turnpike only Motion by A Manzi to Issue a Positive Determination of Applicability, second by J Lynch Vote 5-0-0 4.22 Boston Street, Lawrence Walsh, Installation of Well in BZ Lawrence Walsh the applicant addressed the commission The request is to install a well within the buffer zone The plans were reviewed by the commission M Howard stated the plan is accurate The is new home construction not a replacement well M Howard recommends a Negative Determination with silt controls as noted on plan An abutter asked if the siltation fence would be temporary or permanent G Reich stated the fence is temporary Motion by J Lynch to Issue a Negative Determination of Applicability second by D Feltovic Vote 5-0-0 90 Boston Street, Paul Johnson, Replace Septic System within 100 ' of a Bordering Vegetated Wetland Paul Johnson, the homeowner, was present The request is to replace a septic system and abandon the existing system The plans were reviewed by the commission M Howard approved the wetland line M Howard recommends a Negative Determination with erosion control shown on plan Motion by J Mottola to Issue a Negative Determination of Applicability second by D Feltovic Vote 5-0-0 Notices of Intent 242-777 , Lot 9 Lost Pond Lane, Continued from October 18 1995 John Morin of Neve Associates addressed the commission Revised plans dated 12/6/95 were submitted The revised plans show a deck house, partial driveway and regrading within 100 ' buffer of wetland The house and deck are 50' from the wetland To the rear of the property is a flood storage area (as filed with 242-718) G Reich asked if the electrical is underground D Kindred stated the pedestal for the electric service is on the road File 242-718 approved the haybale line to be closer than 25 ' The commission waived the 25 ' no-cut for #242-718 North Andover Conservation Commission 4 December 6, 1995 Motion by A Manzi to Close the Public Hearing and Issue an Order of Conditions within 21 days second by D Feltovic Vote 5-0-0 242-781, Lot 29C Sugarcane Lane, R Janusz , Neve Associates John Moran addressed the commission He noted that the agenda is incorrect, as this filing was continued to the December 20 1995 meeting not the December 6 1995 meeting 242-780, Lot 15A Forest Street, R Janusz, Neve Associates John Morin addressed the commission He stated this filing was continued from the November 29 1995 meeting A revised plan was submitted to the commission reflecting the underground utilities and correction to the buffer zone The existing utilities are at the westerly rear corner of the site The well is between Lots 158 and 15A He will talk to Sandra Starr, the Health Agent regarding the abandonment of the well The plans that are submitted to the Board of Health will reflect that the septic system is to be abandoned according to the local Board of Health Regulations There is no problem with the wetlands across the street The utility trench depth and width was discussed There is a stretch of 12 ' from pavement to property line The finish grade will match existing grade A Manzi stated overhead lines could be run John Morin responded that they would fight the wetland line before going with overhead lines The plans do not reflect the 12 ' trench from wetlands A Manzi stated the resource area must be protected A Manzi stated he wants the detail of the trench shown on the plan as well as the cross-section road pavement and haybales Motion by A Manzi to Continue to December 20, 1995 for detailed plan second by D Feltovic Vote 5-0-0 242-782 , Lot 158 Forest Street, R Scott Janusz, Neve Associates John Morin of Neve Associates addressed the commission This filing was continued from the November 29 1995 meeting as the existing septic system and the existing well abandonments were questioned The existing house has an oil tank and will be removed according to State Regulations Overhead electric is to be brought in Lot 15A is serviced by the subdivision and has proposed underground utilities This lot is not serviced by the subdivision The plan was reviewed and discussed Motion by A Manzi to Close the Public Hearing and Issue an Order of Conditions within 21 days second by D Feltovic Vote 5-0-0 North Andover Conservation Commission 5 December 6, 1995 242-783 , Abbott Street, Map 65, Lots 204-207 & 27 Steve Stapinski of Merrimack Engineers was present Plans were presented to the commission The proposed pro3ect is for the purpose of constructing four wood frame dwellings, utilities bituminous concrete driveways and associated grading within the 100 foot buffer zone of a resource area The four houses comply with the 50' no-build zone and the 25 ' no-disturbance zone These are existing Form A subdivision lots Erosion control has been provided There are two resource area lines shown and also a soils line as determined by Steven D'Urso The site design contemplated worst case scenario The 100-year flood plain is shown on the plan No work in that area is to be done No drainage patterns will be changed M Howard discussed the letter he provided to Mr Stapinski The letter is dated December 6 1995 and outlines several concerns M Howard stated that the plans meet the 25' no-disturb and the 50' no-build zones M Howard recommends that drainage calcs be forwarded to Coler & Colantonio for review A plan with 1' versus 2 ' contours is requested The limit of work does not encroach on the floodplain Steve Stapinski stated the 1' contours are not necessary To re-analyze the 100' year flood plain is not agreeable to him he can't see spending $20 000 These four lots are in the buffer zone There is historic flooding and nothing can be done to address that Mr Stapinski stated that technical reports should be used versus photographs The sewer service will be a separate filing The houses shown on this plan are not shown with sewer lines The sewer will be depicted by the sewer designer The house grades will work with sewer no matter what direction it comes from The plan was discussed M Howard's letter was discussed M Howard stated his letter was drafted for discussion purposes only The plan depicts a fairly clean filing The elevations on the plan and the elevations on the FEMA Flood Plain were discussed M Howard stated no flood storage is being lost A Manzi asked the age of the FEMA study Mr Stapinski responded that it is a 1993 study The flow of the brook has been affected by the subdivision up stream A Manzi feels that M Howard's request for outside review is not out of the ordinary and is valid because of the amount of change over the years Mr Stapinski stated it is not clear which way the sewer will go because of the town's proposed main up to the brook The houses are not to be built until the sewer is available The filing of a North Andover Conservation Commission 6 December 6 1995 Notice of Intent will show sewer to houses permitting, grading, dwelling and servicing of house Thomas Laudani stated there are alternative methods to the sewer The Notice of Intent will be filed Friday for the sewer line for the hearing on December 20, 1995 There will be an easement through the subdivision for the sewer If not, these houses will be sewered from Abbott Street William Hmurciak of the Department of Public Works stated that Abbott Village will be filing a Notice of Intent for a sewer line running parallel to Mosquito Brook for the meeting on December 20 1995 It will be appropriate to connect to that trunk line Thomas Laudani stated it does not matter which way the sewer line goes A lengthy discussion ensued regarding the sewer line Thomas Laudani stated this filing is a buffer zone filing only A Manzi presented photographs of the site and downstream of the site The photos are in agreement with the plan This site will have above-ground utilities Abutter, Charles St Cyr stated he is interested in an additional drainage study He runs his property as a farm and pasture A Manzi left the meeting at 9 45 P M Abutter of 49 Abbott Street stated that in the spring of 1987 the culvert was overflowing on Abbott Street There's a ditch to the backside near Kozdra There's a brook there There are two culverts on Abbott Street and one on Salem Street His house does not have a basement The neighbors have flooding problems He wants the commission to look at the entire development in the area Abutter Kevin Spicer of 677 Salem Street spoke regarding the 15" culvert on Abbott Street that used to be a 30" His house has $7, 000 damage to his house because of flooding He never had water in his cellar prior to the development He presented the commission with photographs Mr Campolini of 25 Abbott Street stated he has damage to his cellar William Hmurciak stated the culvert is across Abbott Street If any work was done it was done in kind without change to elevation G Reich stated that the developer must prove to the commission that there will be no increase of water runoff offsite J Lynch stated that A Manzi 's photographs depicted what is shown on the plan i w North Andover Conservation Commission 7 December 6 1995 Abutter Helen St Cyr stated she is concerned with more building causing draining into her land The commission commented on M Howard letter and stated that they disagree with Items 1 through 3 agree with Items 4 through 8 Item 9 the contour is 148 agree with Item 10 and disagree with Item 11 Motion by J Lynch to Continue to December 20 1995 second by D Feltovic Vote 4-0-0 Kevin Spicer, 677 Salem Street requested to be placed on the agenda for December 20 1995 DECISIONS 242-777 , Lot 9 Lost Pond Lane M Howard to draft Order of Conditions 242-782, Lot 158 Forest Street M Howard to draft Order of Conditions Motion by D Feltovic to adjourn at 10 30 P M , second by J Mottola Vote 4-0-0 Georg L Reich Chairman