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Order dated 7/24/96 is being superseded by the second Enforcement Order,was made by Mr Masse and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
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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
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