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
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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