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HomeMy WebLinkAbout1997-04-16 Conservation Commission Minutes f Conservation Commission Minutes Senior Center April 16,1997 Members Present Joseph W Lynch,Jr, Chairman,John Mabon,Deborah Feltovic, Scott Masse and Joseph Mottola Albert Manzi, Jr, Vice Chairman,arrived at 7 30 pm and Robert Mansour arrived at 8 25 pm Staff Present Michael D Howard and Karen A Fitzgibbons The meeting was called to order at 7 00 pm Due to a scheduling conflict with the Senior Center,the Conservation Commission met in the Library Conference Room of Town Hall from 7 00 to 8 00 pm and then moved to the Senior Center Minutes: On a motion by Mr Masse,seconded by Ms Feltovic, the Commission voted unanimously to approve the minutes of February 5'h, February 19'', March 12t' and March 19, 1997 No action was taken on the minutes of April 2, 1997 General Business: Discussion of Minutes Mr Lynch stated it would be very helpful to him if the Commission members would be willing to review the minutes of the meetings on a rotating basis A schedule could be set up so that each member would review the minutes once every three months The Commission members agreed to do this 242-816 Enforcement Order Campbell Forest Soil Testing On July 24, 1996 the NACC issued a Cease and Desist at the above referenced parcel The current property owner(TDJ Development Co, Inc)altered approximately 4,221 square feet of BVW without a valid Order of Conditions from the NACC for the purposes of conducting septic testing Adele Fiorello, Wetlands, Inc,was present and stated the missing flags will be replaced,and an access route will be made available so as not to effect the wetlands A metal plate or planks may be installed to span the wetlands The area will be monitored,Mr Howard will be kept in the loop and the 25' no cut will not be infringed upon Mr Stapinski was present and stated site plans will be submitted to Mr Howard Mr Howard recommends issuing a second Enforcement Order Ms Feltovic made a motion to issue a second Enforcement Order on DEP#242-816,and the motion was seconded by Mr Mottola Before a vote was taken,Mr Masse asked what about the first Enforcement Order and he was told the second one would supersede it An amendment to the above motion, stating that the first Enforcement Order dated 7/24/96 is being superseded by the second Enforcement Order,was made by Mr Masse and the vote of the Commission was unanimous Conservation Restriction Lot 9 Sharpners Pond Road As part of a past permit review process by the Planning Board,a Conservation Restriction was required to be established on 19 11 acres It is a standard restriction with no unique features and,as has been the past policy of the NACC,Town�Counsel has reviewed the document and proposed revisions All of their revisions have been incorporated and the document is ready for the signatures of the NACC The NACC signed the document and it will be forwarded to the Board of Selectmen Filing Fee Expenditure($25 99)for legal ad for Lots 2&3 Turnpike St The Commission agreed to send the invoice for$25 99 to Mr King Weinstein for payment 7 30 pm Albert Manzi,Jr arrived at the meeting Discussion of warrant articles Al Manzi, III Mr Manzi is the Chairman of the Open Space Comnuttee,and he is present this evening to request support for two warrant articles proposed by the citizens of North Andover The first to be discussed is Osgood Hill a warrant article has been proposed which would place a perpetual conservation restriction on Osgood Hill and prohibit development of any kind throughout specific portions of the property The land would then be managed under the jurisdiction of the NACC Mr Manzi stated that although the Town bought Osgood Hill,it wasn't really protected,therefore,this warrant article for a Conservation Restriction is being proposed Mr Manzi suggested that perhaps an area around the estate could be carved out and the rest put into a Conservation Restriction He is looking for input into the actual footage that could be carved out,and to that end Mr Manzi gave handouts to the Commission for their review It was suggested the Commission digest the material, reach a conclusion and report their suggestions to Mr Manzi Town Farm a warrant article has been proposed which would place a perpetual Conservation Restriction on Town Farm and prohibit development of any kind throughout specific portions of the property The land would then be managed under the jurisdiction of the NACC Again,Mr Manzi is seeking the Conservation Conumssion's support and/or input, and toward that end he distributed material for the Commission's review The Commission agreed to review the material and report back to Mr Manzi their recommendations Public Hearings(8:00 PM) Request for Determination 284 Salem Street(George Reich) The applicant is proposing to re-pave an existing driveway within close proximity to a Bordering Vegetated Wetland(BVW)and is seeking a NEGATIVE DETERMINATION with erosion control Because the BVW is clearly delineated on the property, a formal delineation is not required Mr Howard has no issues and recommends negative determination with erosion control On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to grant a NEGATIVE DETERMINATION for 284 Salem Street Notice of Intent(s) 242-856 200 Chickenng Road The public hearing is continued from the April 2, 1997 meeting to allow the applicant more time to justify the proposed drainage scheme Mr Mottola excused lumself from the Commission as he is an abutter to this property Mr Howard stated that permeability tests with Conservation and the Board of Health are scheduled for 4/18/97 with a rain date of 4/21/97 Tom Neve had some concerns,but Mr Howard suggested a continuance due to the permeability testing On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted 5-0-1 (Mr Mottola abstained)to grant a continuance(requested by the applicant in writing) until the May 7, 1997 meeting 242-9??Rocky Brook Est II Because the proposed project was lacking in sufficient data,the applicant was instructed to revise the plan and request a continuance of at least one month Tom Neve was present and verbally asked for a 30 day extension Mr Manzi made a motion,at the request of the applicant,to continue the public hearing until May 21, 1997 It is now 8 25 pm and Mr Mansour has arrived The motion was seconded by Ms Feltovic and the Commission voted 5-0-1 (Mr Mansour abstained)to continue the public hearing until May 21, 1997 242-816 Joanne Dnve/Donna Drive(Merrimack Eng,Inc)cont from 3/19/97 Mr Howard stated regarding the wetlands he has no issues,but John Chessia has not yet completed his drainage reviews Mr Stapmski stated he,Mr Howard and Mr Chessia had a meeting to work out some details There are five outstanding issues left and Mr Chessia is reviewing them He has been away,but will complete the review when he returns Mr Howard stated that Mr Chessia is not comfortable with the downstream drainage,therefore,Mr Howard suggests continuing the public hearing until the May 7 h meeting pending Mr Chessia's review Mr Mansour is concerned that Mr Chessia won't have his comments ready for Mr Howard's review in time for the May 7 h meeting The Commission directed Mr Howard to give John Chessia a deadline of April 24 h to have his comments to Mr Howard Mr Mabon asked Mr Howard if he was satisfied with the information he has received up to date, and Mr Howard replied in the affirmative Mr Howard stated he would make an earnest effort to have a decision prepared for the May 7t'meeting On a motion by Mr Mansour,seconded by Mr Masse, the Commission voted unanimously to continue the public hearing until May 7, 1997 242-??7 Lot 1 Saile Way(700 Great Pond Road)Dennis Quintal A Notice of Intent has been filed seeking permission to construct a single family dwelling and appurtenances within the buffer zone of a Freshwater Vegetated Wetland(and within the limits of the Lake Cocluchewick Watershed) The applicant,Dennis Quintal,provided proof of mailing to the Commission Mr Quintal stated the home is a single family dwelling on two acres with associated grading The wetlands,temporary erosion control, limit of clearing and the location of the home is all shown on the plan Mr Quantal stated that at the beginning of construction they will construct a stone drive for truck use which will minimize the amount of debris put on the street The property will be serviced by gravity sewer As we do not have a DEP file number yet,Mr Howard suggested continuing the public hearing until May 7, 1997 Mr Mansour stated that the applicant went to some effort to prove a home could be built,however,what happens if the purchaser of the property decides to turn the home in another direction? Mr Howard stated that would be a modification On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing until May 7, 1997 242-???Sewer Installation(DPW)Winter,Glencrest,Meadowview,Morningside,Russett, Woodcrest The applicant has filed a Notice of Intent seeking permission to construct 4,500 linear feet of gravity sewer within the paved right-of-way of existing streets, approximately 2,400 linear feet is within the 100' buffer zone Ben Fehen was present and provided proof of mailing to the Commission Mr Fehen stated that this is contract 3B of the larger project that came before the Commission three years ago The applicant proposes to construct 8'to 22' deep sewer in the middle of the road Hay bales will be placed where necessary The project should go to bid shortly, construction to begin in July and completed by next winter Mr Howard stated that for the most part it is a straight trench down the street Mr Howard will be kept in the loop at the time connection is made Mr Mansour asked if the specs include erosion r control measures and Mr Fehen replied"yes" Bill Hmurciak was present and he,Ben Fehen and Mike Howard discussed some of the areas of work in the streets that needed clarification Mir Howard recommended continuing the public hearing until May 7, 1997 pending receipt of a DEP file number and additional information from the applicant Erme Parent,279 Winter Street,asked when will the bids go out,and he was told hopefully the beginning of May with construction to start in July and finish in winter Jack Smith,288 Winter Street,asked if there will be a separate meeting regarding the drainage and is it safe to assume the road will be finished by winter9 Bill Hmurctak stated there will be no separate meeting regarding drainage and it is safe to assume the road will be finished by winter Also,Mr Hmurciak stated there will be improvements made to Winter Street at the same time Mr Howard and Mr Hmurciak are to work together to see that areas of dumping are cleaned up 242-???Coachmans Lane Pump Station(DPW) The applicant(DPW)has filed a Notice of Intent seeking permission to construct a gravity sewer,a force main and a submersible pump station Proof of mailing was submitted to the Commission by Ben Fehen Mr Fehen stated this is part of contract B,the Order of Conditions has expired and a new filing is necessary It is the same as the previous filing except for the pump station Mr Howard stated it is clear on the plans where the pump station will go, and not clear where the delineation is That will have to be re-flagged and the erosion control should be at the limit of work There are two culvert crossings to be worked out,and the applicant was told to revise the plans accordingly and submit to the Conservation Office Mr Howard stated that DEP has not issued a file number yet,therefore,the public hearing should be continued until May 7, 1997 On a motion by Mr Manzi,seconded by Ms Feltovic,the Commission voted 6-0-1(Scott Masse abstained)to continue the public hearing until May 7, 1997 Adjournment: On a motion b Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to adjourn the meeting f a o ph W L c , r, ehairman