HomeMy WebLinkAboutCCMeetingMinutes_07.14.10
Conservation Commission Meeting Minutes
July 14, 2010
Members Present:
Louis A. Napoli, Chairman; John J. Mabon, Vice Chairman; Deborah A.
Feltovic; Sean F. McDonough; Joseph W. Lynch, Jr (arrived at 8:13 pm).
Members Absent:
Scott L. Masse, Albert P. Manzi, Jr.
Staff Members Present:
Jennifer A. Hughes, Conservation Administrator; Heidi M. Gaffney,
Conservation Field Inspector; Donna M. Wedge, Conservation Secretary.
Pledge of Allegiance
Meeting came to Order at: 7:10PM Quorum Present.
General Business
242-1447, Modification Request, 2357 Turnpike Street (Valley Realty Development)
(Merrimack Engineering Services, Inc.)(cont. from 6/23/10)
The applicant Anthony Mesiti of Mesiti Development Corporation, and Robert Vorbach of
Vorbach Architecture, and Stephen Stapinski of Merrimack Engineering Services, Inc were
present.
The Administrator presented that a new plan detail has been submitted and we are waiting for
Eggleston Environmental to review it.
A motion to grant the request for continuance to July 28, 2010 made by Mr. Mabon,
seconded by Ms. Feltovic.
Vote unanimous.
242-1469, COC Request, 268 Rea Street (Malsky) (Merrimack Engineering Services, Inc.)
The Field Inspector presented that the site is stable, photos have been taken of the site and the
as-built plan is in compliance with the Order of Conditions.
A motion to grant the COC and bond release made by Ms. Feltovic, seconded by Mr. Mabon.
Vote unanimous.
No Recess
Public Hearings: 8:00 PM
Request for Determination of Applicability (RDA)
22-24 Ashland Street (North Andover Housing Authority) (Allen & Major Associates,
Inc.)(cont. from 6/23/10)(Request to withdraw)
Ryan Bianchetto of Allen & Major Associates, Inc.
The Administrator presented that she recommend accepting the withdrawal of the RDA and
that the applicant has filed an NOI to be heard later in the meeting.
A motion to grant to accept the withdrawal of the RDA made by Mr. Mabon, seconded by
Ms. Feltovic.
Vote unanimous.
52 Empire Drive (Lot 12) (Orchard Village, LLC) (Christiansen & Sergi, Inc.)
Mr. McDonough read the legal notice.
The Administrator presented that the proposal is for a house, deck and porch construction,
sewer connection and associated grading, and that this lot was one of the ones required to
have a porous pavement driveway.
Mr. Manzi discussed that the commission does not normally approve house construction
under and RDA because there is no control once you issue a negative determination.
A motion to grant to issue positive determination made by Mr. Manzi, seconded by Mr.
Mabon.
Vote unanimous.
63 Empire Drive (Lot 23) (Orchard Village, LLC) (Christiansen & Sergi, Inc.)
Mr. McDonough read the legal notice.
The Administrator presented that the proposal is similar to above with house, driveway,
utilities, and associated grading.
A motion to issue a positive determination made by Mr. Manzi, seconded by Ms. Feltovic.
Vote 3 to 2.
# 67, # 71, # 75, # 79 Empire Drive (Lots 19-22) (Orchard Village, LLC) (Christiansen &
Sergi, Inc.)
Ms. Feltovic read the legal notice.
The Administrator presented that the work that is within the 100-foot Buffer Zone is only
driveways and utilities and that she recommends issuing a negative #3 determinations for
these lots.
A motion to grant a negative determination for Lots 19-22 made by Mr. Mabon, seconded by
Mr. Lynch.
Vote 3 to 2
Abbreviated Notice of Resource Area Delineation (ANRAD)
242-1484, 254 Great Pond Road (Leland) (Wetlands Preservation, Inc.)
The applicant Nancy Leland and Curtis Young of Wetlands Preservation Inc were present.
Mr. McDonough read the legal notice.
The Administrator presented that she walked the site with Geoff Andrews of Wetlands
Preservation, Inc. and made minor modifications (deleted one flag and added one flag).
Mr. Young discussed that he will update the plan.
The historic use of drainage tiles was noted
Mr. Lynch discussed an area on the plan that was altered when the Castlemere Subdivision
was built. Town changed drainage in the area in the 80’s. Discussion of culvert and
easement.
The filing does not delineate the limits of Bordering Land Subject to Flooding
A motion to close and issue a decision within 21 days pending the submittal of a revised plan
to the Conservation Dept. was made by Mr. Lynch, seconded by Ms. Feltovic.
Vote unanimous.
Notice of Intent (s) (NOI)
242-1428, Lot 4N-A Turnpike Street (Merrimack Condominiums) (One Hundred Fourteen
Trust) (Patrick C. Garner of Garner Company, Inc.)(cont. from 6/23/10)
Mr. McDonough left the meeting room because he is an abutter of the project.
The Administrator presented that she walked the site with Patrick Garner and the contractor
Timothy Barlow yesterday. The wetland remains valid and semi permanent makers are in
place at almost all flag locations.
Mr. Garner discussed that there would be 4 phases in the construction sequence.
A motion to grant the request for a continuance to a special public meeting on July 21, 2010
was made by Mr. Manzi, seconded by Ms. Feltovic.
Vote unanimous.
242-1478, 1503 Osgood Street (Hera Development Corporation) (Wetlands Preservation,
Inc.) (cont. from 6/9/10)
Curtis Young of Wetlands Preservation, Inc., Christopher Tymula of MFH Design
Consultants, Inc, and Carrie McMillen of Henderson Design were present.
The Administrator presented that a site visit was held on 7/7/10 with several members in
attendance.
Lisa Eggleston’s comments have still not been addressed. The test for the septic system was
to be done today. The applicant has submitted updated plans that bring the limit of
disturbance further away from the wetland. The preservation of mature trees was discussed at
the site visit as well as the need for an invasive species management plan and additional
detail is needed on the construction phasing.
Mr. Napoli discussed that if there will be 15-feet of fill in the area it needs to be compacted
to balance stabilize the slope.
Mr. Lynch discussed that they need to hire a structural engineer to stabilize the slope.
A motion to grant a continuance to July 28, 2010 was made by Ms. Feltovic, seconded by
Mr. McDonough.
Vote unanimous.
242-1480, 14 Lorraine Avenue (Breenmore Realty Trust) (The Neve-Morin Group,
Inc.)(cont. from 6/23/10)(Request to cont. to 7/28/10)
A motion to grant the request for a continuance to July 28, 2010 made by Mr. Mabon,
seconded by Mr. McDonough.
Vote unanimous.
242-1479, 15 Lorraine Avenue (Breenmore Realty Trust) (The Neve-Morin Group,
Inc.)(cont. from 6/23/10) (Request to cont. to 7/28/10)
A motion to grant the request for a continuance to July 28, 2010 made by Mr. Mabon,
seconded by Mr. McDonough.
Vote unanimous.
242-1481, 22-24 Ashland Street (North Andover Housing Authority) (Allen & Major
Associates, Inc.)
Ryan Bianchetto of Allen & Major Associates, Inc.
Mr. McDonough read the legal notice.
The Administrator presented that the plans are thorough and addressed most aspects of
construction. The top of bank/MHW delineation was confirmed in the field.
Ryan Bianchetto discussed the proposed drainage improvements and the alternatives
analysis.
A motion to close and issue a decision within 21 days made by Ms. Feltovic, seconded by
Mr. McDonough.
Vote unanimous.
242-1485, 280 Candlestick Road (Andersen) (Sullivan Engineering Group, LLC)
The applicant Roger Andersen was present.
The Administrator presented that the proposal is for a three season porch on sonotubes and
lap pool.
The wetland delineation confirmed all the work would be done outside the 50-foot No-Build
zone.
Abutters James and Mary Nania of 263 Candlestick Road submitted a letter at the meeting
that states that they own and live at 263 Candlestick Road. The letter requested the following
issues to be considered. We are concerned that the proposed addition/above ground pool at
280 Candlestick may have a negative impact on the adjacent wetlands. We are also
concerned that the proposed project may diminish property values in the neighborhood.
Additionally, the short notice and timing of the communication regarding the proposed
project during summer vacation months did not allow sufficient time for adequate review by
us. Furthermore, the Jared Place covenants do not permit the installation of above ground
pools. Abutter Doris E. Barrett of 235 Candlestick Road stated that she is worried about
water runoff onto her property.
A motion to close and issue a decision within 21 days made by Mr. Manzi, seconded by Ms.
Feltovic.
Vote unanimous.
242-1486, 123 Bonny Lane (Dawson) (Sullivan Engineering Group, LLC)
Mr. McDonough read the legal notice.
The Administrator presented that the applicant has requested to withdraw.
A motion to accept the withdrawal made by Mr. Manzi, seconded by Mr. Lynch.
Vote unanimous.
242-1483, 544 Sharpners Pond Road (Horn) (The Neve-Morin Group, Inc.)
Mr. McDonough read the legal notice.
The applicant Benjamin & Mary Horn, and Greg Hochmuth of the Neve-Morin Group, Inc
were present.
The Administrator presented that this filing would be reviewed by Natural Heritage.
The wetland delineation was reviewed and some changes were made, Flag 109 was moved
up-gradient 11’ based on leaf staining, vegetation and water marks on trees.
A letter submitted by an attorney representing the abutters as discussed.
A motion to grant the request for a continuance to July 28, 2010 made by Mr. McDonough,
seconded by Ms. Feltovic.
Vote unanimous.
242-1482, 84 Candlestick Road (Yates) (The Neve-Morin Group, Inc.)
Mr. McDonough read the legal notice.
The applicant Douglas Yates was present.
The Administrator presented that the proposal is to replace a failed railroad tie retaining wall
and remove several large white pine trees.
The Conservation Commission discussed the removal of trees and suggested that he have an
arborist check on the health of the trees that he wants to cut down.
A motion to close and issue a decision within 21 days made by Mr. Manzi, seconded by Mr.
McDonough.
Vote unanimous.
242-1428, Lot 4N Turnpike Street (Merrimack Condominiums)
The Administrator presented that the Conservation Commission will hold a special meeting
on July 21, 2010 at the Town Hall to try to finalize this.
New Business
Windrush Farm Steering Committee
The Administrator presented that the Conservation Commission needs to appoint a member
of the Conservation Commission to the Windrush Farm Steering Committee.
A motion to appoint Mr. Mabon to the Windrush Steering Committee made by Mr.
McDonough, seconded by Ms. Feltovic.
Vote unanimous.
A motion to adjourn the meeting at: 10:40PM made by Mr. Manzi, seconded by Mr.
McDonough.
Vote unanimous.