Loading...
HomeMy WebLinkAbout2000-06-07 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room June 7,2000 Members Present: Scott Masse, Chairman, Albert Manzi, Vice Chairman, Joseph Lynch, Deborah Feltovic were present for the start of the meeting Robert Mansour arrived at 7 30, John Mabon arrived at 9 30 and James Demotses,Associate arrived at 7.50 Beth Wescott was absent Staff Present: Richelle L Martin, Conservation Administrator, Brian J LaGrasse, Conservation Associate and Germaine L Ouellette, Secretary The meeting was called to order at 7 p in by Scott Masse, Chairman Minutes: No minutes were accepted General Business: 242-977 COC - 28 Nadine Lane (Jay Healey) This Order was issued on 8/18/99 authorizing the construction of a cantilevered deck within the Buffer Zone of a Bordering Vegetated Wetland (BVW) No excavation was required The 10'xl3' deck was constructed as proposed Brian LaGrasse visited the site on 6/5/00 and had no issues There are no violations The Bond is $500 00 Joseph Lynch made a motion to grant the Certificate of Compliance as drafted and this was seconded by Deborah Feltovic The vote was unanimous 242-866 Extension to OOC - 357 Rea St (Terrence Joyce) Brian presented and advised the Commission that this Order was issued on 9/11/97 authorizing construction of a single family dwelling with a limited project driveway and is set to expire on 9/11/2000 This will be the first extension extending the Order of Conditions through 9/11/2001 Brian visited the site on 6/5/00 and had no issues There are no violations on site The site is in compliance with the Order of Conditions Albert Manzi made a motion to approve the Extension to the Order of Conditions to 9/11/2001 and this was seconded by John Mabon The vote was unanimous Ratification to Enforcement Order- Lot 42, 498 Osgood Street to be taken later in the evening 242-898 Modification to OOC - Lot 4/5 Willow St (MHF Design) This order was issued on 5/7/98 authorizing construction of a 21,960 s f R&D Facility and appurtenances This modification request changes the shape of the sidewalk,the adjacent plants, a reduction of the rip rap and slope to the east of the sidewalk and an increase in the elevation and slope of the final grading behind the building The slope behind the building meets the 2 1 grading requirement(#38) The limit of work is not being increased The 25' and 50' setbacks are still being met on the proposed plans The erosion control is in the same location Brian LaGrasse had no issues and recommended issuance of this Modification to Order of Conditions A motion was made by Albert Manzi and seconded by Deborah Feltovic to issue Modification to Order of Conditions for Lot 4/5 Willow St siting revised plan of 5/18/2000 The vote was unanimous 242-256 COC - 1175 Turnpike Street(Meridian Eng ) This Order was issued on 6/12/85 authorizing the construction of a one story steel office and garage with associated appurtenances and a driveway crossing They have submitted a letter from a PE and stamped As-Builts The replication area appears successful and the site is stabilized There are no conditions mandating replication status reports or any letters from a wetland scientist certifying compliance, etc Brian LaGrasse visited the site on 6/5/2000 and had no issues Joseph Lynch questioned if there is any evidence of oil or debris due to the ABC Bus Company? The answer was that there was none We will be checking to see if there is a Bond in place for this project Brian LaGrasse recommended issuance of the COC for 242-256 A motion was made by Albert Manzi and seconded by Deborah Feltovic to issue a COC for 1175 Turnpike Street The vote was unanimous. 242-859 COC - Phase 3B Coachman's Lane Pump Station(Adam Scott—Guertin) This Order was issued on 6/5/97 authorizing the construction of 230 linear feet of sewer and a pump station within the Buffer Zone of the Bordering Vegetated Wetland(BVW) They have submitted a letter and stamped As-Builts The sewer lines were placed in the roadway and the pump station was off the side of Coachman's Lane and had a 1' No Disturbance Zone and a 13' No Construction Zone Brian LaGrasse visited the site on 6/7/00 and had no issues There is no Bond money in place for this project Brian recommended issuance of this COC A motion was made by Albert Manzi to issue a COC for Coachman's Lane Pump Station and this was seconded by Deborah Feltovic The vote was unanimous 242-860 COC - Phase 3B Winter St, etc (Adam Scott—Guertin) This Order was issued on 6/5/97 authorizing the construction of 2,400 linear feet of sewer within the Buffer Zone of a Bordering Vegetated Wetland (BV W) They have submitted a letter and stamped As-Builts The sewer lines were placed in the existing roads Brian LaGrasse visited the site on 6/7/00 and had no issues All shoulders are stabilized No Bond was conditioned for this project Brian recommended issuance of the COC for Winter St , etc A motion was made by Albert Manzi and seconded by Deborah Feltovic to issue the COC for Winter St , etc The vote was unanimous. Ratification of Enforcement Order—Lot#2, 498 Osgood Street(R Martin) Richelle Martin presented and informed the Commission that Lot 2 came in for a PCOC a couple of months ago and the Commission stated that they wanted the swale constructed per the approved plan As such, Richelle drafted an Enforcement Order(as a mechanism to perform work) to Evergreen Management to construct the subject swale The Enforcement Order commenced on 5/19/00 This needs to be ratified by the Commission this evening The homeowner is requesting a site visit and Joseph Lynch stated that he was OK with that request. Albert Manzi stated that this project went from a subdivision to a Form A project and should have come before the Conservation Commission for a Modification A motion was made by Albert Manzi to ratify the Enforcement Order with the condition that the property owner will contact Richelle Martin to schedule a site visit. The motion was seconded by Joseph Lynch The vote was unanimous At this time Scott Masse, Chairman, initiated a discussion about the Outcountry Fire Station He informed the Commission that the Fire Department had asked Richelle Martin to be a Representative for this Outcountry Fire Station Mr Masse sent a letter recommending that Albert Manzi be the representative since he is in closer proximity to the Outcountry Fire Station This recommendation was unanimously approved Decisions: 242-1013 61 Lancaster Road (Joanne Luciano)(Julie Parrino) This NOI is for the installation of an inground pool, fence and grading within the Buffer Zone to a Bordering Vegetated Wetland(BVW) A motion was made at our last meeting of 5/17/2000 to issue a decision in 21 days. Richelle Martin prepared a decision for the Commission's review tonight A motion was made by Joseph Lynch and seconded by Deborah Feltovic to adopt the decision as drafted The vote was unanimous 242-1016 20 Abbott St (Christopher Sawyer) Richelle Martin presented and requested we adopt the decision as drafted for the patio, stonewall and plantings all to be completed by July 1, 2000 Albert Manzi confirmed that the 7/l/2000 deadline had been confirmed at our last meeting on 5/17/00 Mr Manzi requested our office, in particular Brian LaGrasse, Conservation Associate, keep a close eye on the applicant to see that all conditions of the agreement were met The Commission requested an additional condition to the Order of Conditions be added of a four foot high native indigenous hawthorn be incorporated in the mitigation area The applicant must also post a$1500 Performance Bond and a$1500 Inspection fee before any work is started Under Condition#50 it was recommended that weekly progress reports be sent to the Conservation Office instead of monthly reports Albert Manzi made a motion to accept the Order of Conditions as drafted and amended and this was seconded by Joseph Lynch Robert Mansour abstained from this vote as he arrived at the meeting at 7 30-halfway through this presentation The vote was 4 for and one abstained 242-1015 200 Sutton Street(Scott Giles) This NOI was presented at our last meeting of May 17, 2000 and a motion was made at that meeting to issue an Order of Conditions in 21 days This was for an addition to the Crtgo Gas Station Albert Manzi made a motion to accept the Order of Conditions as drafted and 4 r i this was seconded by Deborah Feltovic The vote was passed 4.1 with Joseph Lynch opposed The Commission took a recess at 7:40 P.M. Public Hearings (8 p.m.) Request for Determination of Applicability Pleasant St at Stevens Pond(D P W)(James Rand) Richelle Martin informed the Commission that this RDA proposal is to hydro-rake the pond again They need to rake the pond prior to opening the beach Ms. Martin believes the last time it was done was 1993 They had a valid Determination in place, but it just expired They will close the hatch to Lake Cochichewick prior to initiation of work Ms Martin asked will re-fueling of the machinery need to take place and if so, what protection methods will they have in place? James Rand of DPW was present but was unable to answer the question on refueling Joseph Lynch from the Conservation Commission assured everyone that the Town does have aquatic controls and that they fuel up on the shore and it is double wall contained Mr Rand stated that the actual work involved would take 24 hours only The recommendation by Ms Martin was to close the public hearing and issue a negative determination requiring the applicant to schedule a pre-construction inspection prior to initiation of work A motion was made by Albert Manzi to close the public hearing and issue a negative determination requiring applicant to schedule a pre-construction inspection prior to initiation of work This motion was seconded by Deborah Feltovic The vote was unanimous Rae's Pond Pump Station(D P W)(Guertin&Associates) Richelle Martin presented and informed the Commission that this RDA is for a proposal to elevate the existing pump station at Rae's Pond No excavation is required They will be adding block and masonry work to the existing foundation The project does not lie within estimated habitat They are proposing erosion control in appropriate locations The project lies within limited status(maintenance)under the Act. Richelle also believes the project lies within the maintenance provision in our Bylaw Richelle believes this project will better serve the resource areas De-watering will not be necessary Richelle had a concern about refueling and washing of concrete trucks as the manholes and generator pads are on poured concrete This project lies within the Buffer Zone to a Bank(pond) and BVW Erosion control will remain in place until stabilization is achieved(conservation seed mix) Richelle Martin recommended a negative determination for this RDA requiring DPW to contact the Conservation Department for a pre-construction inspection prior to any work and upon placement of the erosion control devices In addition an Environmental Monitor(Guertin& Assoc) be present at all times during this work Also the Commission requested that an Agent from the Conservation Commission be present during the pouring of the concrete. Joseph Lynch made a motion to close the public hearing and issue a negative determination conditioning an Environmental Monitor and that an Agent from the Conservation Commission be present when the concrete is poured This motion was seconded by Deborah Feltovic. The vote was unanimous 5 Skyview Terrace (Andrew M Chaban)(Wetlands Preservation,Inc ) This RDA is for the construction of a 23'X24' addition to an existing home The proposal will be approximately 81' from the BVW which encompasses a vernal pool (not certified) The limit of work will not extend beyond the addition work They are not proposing any grading They meet the 75' No Construction Zone per the Bylaw The property does not lie within Estimated Habitat They are proposing erosion control measures and we will make sure that the EC is proposed> 50' from the BVW prior to construction Richelle Martin walked the property and has no issues Joseph Lynch questioned wetland flags A-1 through A-14 Are flags in field flagged by a professional surveyor? On the plan presented they had put wetland flags on an existing plan which had already been done This project has changed hands three times since 1991 Albert Manzi suggested it needs more control and that we continue this RDA to our next meeting of 6/21/00 in order to get Wetlands Preservation at our meeting Scott Masse stated we don't have enough information at present to act on this RDA and moved to continue to our 6/21/00 meeting also A motion was made by Joseph Lynch and seconded by Deborah Feltovic to continue this RDA to our meeting of 6/21/00 The vote was unanimous 360 Andover Street& 157 Berkeley Road (John P Richardson) This RDA is for confirmation of resource areas on the above referenced properties Richelle pointed out to the Commission that this application does not reference the Bylaw,only the Act She thought it may have been an oversight on the part of the applicant Many abutters ,were present for this RDA Mr John Richardson hand drew a sketch of the resource areas The Commission informed Mr Richardson that we need, for our files, a plan certified and stamped by an RPLS depicting the resource area(which is approximated and not delineated),auger locations and boundaries Mr Richardson presented and informed the Commission that there is flooding on the George's property at 360 Andover Street. Soil tests were done and the soils are very hydric Soil testing was also done at 157 Berkeley Street and the soils there are extremely hydric It has irrigation ditches in it The water at this time is 2"to 6" deep in some spots A lot of wetland species are growing there Scott Masse reminded Mr Richardson that we are only concentrating on the two pieces of property presented that nothing is to be determined regarding Chatham Crossing which is adjacent to these two pieces of property Chatham Crossing is presently before the Planning Board and appeared before the Conservation Commission last September under an RDA also for confirmation of resource areas delineated by Leah Basbanes The appeal period has lapsed for Chatham Crossing per Scott Masse Albert Manzi stated that he had never seen a plan which was not stamped by an RPLS Sandy Brown, owner of 157 Berkeley Road spoke and stated site walk done was at the driest time of the year Now the stream is flowing freely—has 6 to 7" of water in her backyard. Carol Johanson-Prue of 173 Berkeley St spoke and informed Commission that the stream is now flowing from Chatham Crossing unto adjacent properties and was concerned about work being done in 100' of resource area The Commission informed Mrs Johanson-Prue that if Chatham Crossing proposes to do work within the 100' of resource area they would have to submit to the Conservation Commission and abutters would have to be notified The consultant would review the project thoroughly if presented to the Conservation Commission Michael Scott, Attorney representing the applicant spoke and wanted to know if work could be done within 100' of a wetland? The Commission advised him that this was now going in the direction of a Notice of Intent and we needed to focus in on this RDA delineation of wetlands only for these two properties The RDA, as presented, does not meet our rules and regulations per Scott Masse, Chairman Mrs Johanson-Prue questioned the 3`d party review request and wanted to know if this was a usual procedure? The Commission informed her that the Commission has the option under the Bylaw to have a 3`d party independent review to be sure that the Conservation Commission is making a correct decision The applicant would be responsible to pay for this review Attorney Scott asked the Commission why the applicant must pay for this 3`d parry review Joanne Brown of 157 Berkeley Road spoke and informed Commission that she had been in contact with the Conservation office since May 26th and was wondering why she was not given proper information that they would need such a formal presentation for this meeting? Albert Manzi recommended that the surveyed plan be stamped by an RPLS and that the plan be flagged in the field and that the surveyed plan be available to the Conservation Commission Joseph Lynch referenced date of 10/20/1998 in which the checklist states that plans submitted should be at a 1 40 scale The sketch submitted was not to scale. Ms Martin spoke about the insinuations from abutters that she was working for the developer of Chatham Crossing This statement is entirely false James Demotses, Associate for Conservation Commission, informed abutters that this could be considered slander and is not appropriate to insinuate such. At this point a motion was made by Albert Manzi to reject this RDA because of incompleteness siting 1) Per the application checklist, the plan submitted was not a surveyed plan and was not stamped by an RPLS. 2) Flagging in the field was not picked up by survey 3) Per the Application Checklist, the plan submitted was not to scale(1"=40') By this time it was 9 P M and the abutters were very loud and verbally abusive Joanne Brown, abutter, yelled out"shame on you we are tax paying citizens" Scott Masse, Chairman used gavel to quiet crowd and asked that we continue with the next item on the Agenda After a few minutes the abutters finally left and the meeting continued on 878 Winter Street(Leighann Carbone)(N E Engineering) This RDA is for the replacement of a failed septic system Richelle Martin walked the wetland line on 6/2/00 and made no changes to it They comply with the 25'/50' zones The limit of work(which is the erosion control) is proposed at 80' from the BVW The system will be greater than 100' from the BVW The only issue Richelle Martin had was that the applicant was dumping grass clippings in between wetland flags A3 and A4 (right in the wetland) They need to be removed by hand immediately Albert Manzi made a motion to issue a negative determination of applicability requiring the applicant to contact the Conservation Department for a pre-construction inspection prior to any work and to remove the grass clippings This motion was seconded by Deborah Feltovic The vote was unanimous i Notice of Intents 2420-1011 Boston Ski Hill (Mesiti Development)cont fr 5/17/00 Richelle Martin spoke to John Chessia today who spoke with two gentlemen from DEP (Tom McGuire and Ralph Perkins) who determined that this project is subject to the Stormwater Management Policy and this will be addressed Paul Marchionda is requesting a continuance to our meeting of 6/21/00 A motion was made by Albert Manzi and seconded by Joseph Lynch to continue this NOI to our meeting of 6/21/00 The vote was unanimous 242-999 1679 Osgood St (Richard Kaminski &Assocs )cont fr 5/17/00 Mr Kaminski was present and asked for a continuance to our meeting of 6/21/00 as John Chessia requested a slight change to the plans and these plans were not received by our Department until June 2, 2000 Deborah Feltovic made a motion to continue this NOI to our meeting of 6/21/00 and this was seconded by Albert Manzi. The vote was unanimous. 242-871 Amendment to OOC - Berrmgton Place Subdivision(Erik Heyland)cont fr 5/17/00 This NOI is for a 3 house subdivision A handwritten letter written by Mrs Schuman, an abutter, was read by Scott Masse, Chairman informing Commission that there is water on her property all the time Ken Ahern was present and he passed out maps to the abutters Mesiti Development is asking for a continuance to our meeting of 6/21/00 A motion was made by Albert Manzi and seconded by Deborah Feltovic to continue this to our meeting of 6/21/00 The vote was unanimous 242-829 Amendment to OOC - Holt Rd Landfill (DEP)cont fr 5/17/00 We received a letter from Dave Murphy of DEP dated June 7, 2000 requesting a continuance to our meeting of July 5, 2000 On a motion made by Albert Manzi and seconded by Deborah Feltovic this request to continue to our meeting of July 5, 2000 was granted The vote was unanimous 242-1010 Abbott Street(DPW)(Hancock Environmental Consultants)cont fr 5/17/00 James Rand of DPW spoke with Town Counsel and they ratified the letter for the work to be performed through easements and homeowner permission He also stated that Tom Urbelis has approved the agreements in place with the homeowners The drainage for this project will be maintained No proposal for drainage improvements A motion was made by Albert Manzi to close the public hearing and isssue a decision in 21 days This motion was seconded by Deborah Feltovic The vote was unanimous. 242-???492 Sutton St. (Mass Aeronautics Comm)(Dufressne-Henry,Inc.) There were a roomful of abutters present for this project. Randy Christiansen of Dufresne- Henry spoke and informed the Commission he was waiting for Richard Doucette, their representative to be present The Commission asked if Mr Christiansen wanted to continue 4 - this hearing now or wart until Mr Doucette was present later in the evening Mr Christiansen wanted to go forward with this presentation No proof of mailings were presented Mr Christiansen wanted to address the Bylaw issue first Randy Christiansen feels that they are not subject to the North Andover Wetlands Protection Bylaw that they would only be subject to the Wetlands Protection Act, Massachusetts General Laws Chapter 131, Section 40, as amended Scott Masse reminded the Commission that a lot of information had already been presented to the Conservation Commission at earlier dates on the airport Does MAC have any property interest in proposal heard by them9 Mr Christiansen informed the Commission that the MAC is subject to the Federal & State laws and that the airport property itself is owned by the City of Lawrence Mr Christiansen informed the Commission that ten other cities and towns have requested work be done, specifically Wenham (local bylaw), Beverly (no bylaw), Danvers(local bylaw), Southbridge (no bylaw),North Adams/Williamsburg (bylaw),Orange Municipal Airport does not have bylaw The other 6 remaining he could not answer about the bylaw The Wenham project was contested and Fran Fmk investigated the issue In 1994-1995 an Obstruction Analysis was submitted. An Alternative Analysis is not in there yet A copy of the NOI's to other Agencies was done Proof of mailings to National Heritage and Determination was made by National Heritage Albert Manzi made a motion that this project be held subject to the Town of North Andover Bylaws as well as the State Laws. Mr Manzi also pointed out that on Page 7 of the vegetation report by Dufresne&Henry it states that the City of Lawrence is the owner of the airport Mr Christiansen stated that he is representing MAC and that MAC is the applicant The City of Lawrence is the owner of the property Mr Richard Doucette, representative, is still not present at this time and Mr Christiansen opted to go forward with this proposal before Mr Doucette was present Mr Christiansen stated that MAC doesn't maintain any interest in the property Mr Manzi informed Mr Christiansen that we needed an application checklist and plans stamped by an RPLS and that in compliance with the Bylaw that this project should go out for P party review Mr Manzi also requested that a $5,000 escrow account be set up Joseph Lynch then stated that all information be submitted prior to a review 7 days prior to the June 21"meeting At this point Mr Manzi withdrew his motion for a 3 d party review and setting up of an escrow account Mr Manzi then seconded the motion made by Mr Lynch that all information must be submitted prior to a review This vote was unanimous After this,Mr Manzi again asked for an escrow account of $5,000 be set up for review of wetland delineation for the (25 plus or minus acres of impacted wetlands) This motion was seconded by Joseph Lynch The vote was unanimous Joseph Lynch stated that MAC is bullying this Commission in that they do not want to comply with the Town's Wetland Bylaws and that Mr Doucette,the representative for this project, didn't show up until 9 35 p in —which shows that Mr Doucette has no respect for the Commission At this point the abutters present applauded Mr Mansour stated that we do not have to proceed any further due to no proof of mailings Albert Manzi recommended we move to continue to our meeting of 6/21/00 and this was seconded by Deborah Feltovic However, at this point, Scott Masse, Chairman, informed the Commission that he believes that this project must comply with our local Bylaws Dennis Card, 28 Wood Avenue spoke next. He was concerned about this project and would like to see an accurate plan He was also concerned that only a few abutters had been notified about this project Scott Masse asked if anyone in the audience had been notified? Three or four hands of abutters went up Mr Card presented a letter to the Commission voicing all his concerns It was agreed that Richelle Martin and Mr Card were to meet on Thursday morning to discuss this project further At 9 45 p in Albert Manzi left to go to work so he was not able to vote in the final decision A motion was then made by Joseph Lynch and seconded by Deborah Feltovic to continue this NOI to our meeting of 6/21/00 under both the Wetlands Protection Act and the North Andover Bylaw This vote was unanimous (4-0) After this vote Mr Richard Doucette asked if he could have in writing from our office all the deficiencies under the Local and State Protection Bylaws Act? A letter will be sent by Ms Martin addressing all these concerns At this point Ms Martin brought up the fact that there is a violation on this property Ms Martin wanted to know if she had permission to enter the property? It was recommended by Scott Masse that she not enter the property unescorted Lana Schofield from the airport was present and informed the Commission that she would like to review this with Richelle first 242-1003 Eagle Tribune— 100 Turnpike Street(VHB)cont fr 5/3/00 Mr. James Rand of DPW was present and informed Commission he had reviewed all additional work proposed and is pleased to see it Richelle Martin presented and informed the Commission that she and Brian LaGrasse met with Lisa Stanley from VHB on 6/l/2000 to walk the property and discuss their proposal to rectify the erosion problem in the wetland They have submitted a mitigation plan to solve the erosion problem They will be installing some np-rap and geotechmcal matting on the side slopes for stabilization This will require some work in the resource area, but will improve conditions in the resource area long term. Richelle Martin is in receipt of John Chessia's review His review is complete and Richelle has no further issues John Chessia did recommend conditioning a test pit to be performed in the location of the water quality swale prior to construction Richelle Martin will condition that when drafting the Order of Conditions. She will also condition the time of year in which they perform the work in the resource area(i e July, August or early Sept) Richelle Martin recommended we close the public hearing and issue a decision in 21 days Joseph Lynch made a motion to close the public hearing and issue a decision in 21 days and this was seconded by Deborah Feltovic The vote was unanimous A representative of the Eagle Tribune thanked the Commission for this approval 242-1014 288 Foster Street—(Timothy Goland)(N E Engineering)cont fr 5/17/00 Richelle Martin advised the Commission that Ben Osgood,Jr had submitted revised plans in accordance with our Bylaw(7 days prior to meeting) The revised plans reflect everything requested in Richelle's letter to Ben Osgood dated May 18t', 2000 The pool is now 75' from the wetlands, therefore,they now meet the 50' No Disturbance Zone and the 75' No Construction Zone Their alternative analysis worked out In addition, Mr Goland has removed the yard waste by hand as confirmed in the field by Brian LaGrasse. Richelle Martin recommended we close the public hearing and issue a decision in 21 days Joseph Lynch made a motion to close the public hearing and issue a decision in 21 days and this was seconded by Deborah Feltovic The vote was unanimous 1 242-1017 Brooks School, Gr Pond Rd (Bay State Gas Co )(Guertin&Assocs ) Richelle Martin presented and advised the Commission that this NOI proposal is for the installation of a 6" gas line from the Brooks School to the existing gas line at the intersection of Great Pond Road and South Bradford Street The project is within the Buffer Zone to BVW's and Bank of an intermittent stream (which is a tributary to Lake Cochickewick) The majority of the BVW's were delineated and approved with the Brooks School projects, but the remaining flags were confirmed in the field by Richelle Martin This project involves work in the shoulder of the roadway only The trench to be cut is approximately 18"wide and will be backfilled and returned to its original condition post construction. Erosion control measures are properly depicted on the plan De-watenng activities are not anticipated The proposal will not adversely impact Bank or BVW There are no associated Estimated Habitat areas They will not be stockpiling any soil or any other material The project does not lie within an area subject to flooding The applicant did submit a construction sequence with the NOI Richelle Martin had no issues Mike Vamolla from Brooks School was present and had no issues with this project Terry Gentzel of Guertin& Assocs was present and informed the Commission that in July, when the proposed work is to be done,there is no ground water problem and he hopes tlus will be the case He is bringing the gas line outside the electrical line area The backhoe they'll be using has rubber wheels instead of tracks They anticipate doing approximately 200' of pipe laying per day They open up the trench, lay in the pipe and then backfill The Commission wants adequate protection in place near the catch basins Joseph Lynch asked about the culvert Would they go under it? The answer was if the culvert is shallow they would go under it Mr Lynch recommended when working within those areas that an inspector be called in while work is being done He recommended conditioning an environmental monitor in specific sensitive areas to be a part of the OOC Robert Mansour made a motion to close the public hearing and issue a decision in 21 days This was seconded by Deborah Feltovic The vote was unanimous 242-1018 Harkaway Rd. &Ogood St(Bay State Gas Co )(Guertin&Assocs ) A letter from the No Andover Citizen was read to the Commission apologizing for not placing the NOI notification in the newspaper in a timely manner This project has a fine running on this property It was decided by the Commission that since the advertisement was not put in in a timely manner that no fines would be imposed from May 31 st through today(June 7th) A motion was made by Robert Mansour and seconded by Deborah Feltovic to continue this NOI until our next meeting on June 21,2000 The vote was unanimous A motion to adjourn was made by Robert Mansour and seconded by Deborah Feltovic at 10:25 p.m. The vote was unanimous.