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HomeMy WebLinkAboutCCMeetingMinutes_05.19.10 onservation Commission Meeting Minutes C May 19, 2010 Members Present: John J. Mabon, Chairman, Louis A. Napoli, Vice Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic, Sean F. McDonough. Members Absent: Albert P. Manzi, Jr., Scott L. Masse. 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: 7:06 Quorum Present. (Sean F. McDonough arrived at 7:09) General Business Discussion of 21E for Wintergreen Land donation The Administrator presented that Mr. Nuccio has gotten an estimate to conduct the town required 21E assessment on the potential open space parcel. The cost would be over $2500 and the applicant would like to know if the commission would consider a waiver. A waiver would also need to be approved by the selectman. Mr. Lynch discussed that he knows there has been dumping on the property in the past and that Mr. Manzi knows more about the history of this property. Mr. McDonough discussed that a 21E is also done before anyone buys open land to see if there is contamination on the property and he would rather have the Town pay for the 21E than risk accepting contaminated land. The Administrator discussed that the applicant would like the Town of North Andover to split the cost of the survey of the land; there is 3 acres. Ms. Feltovic will check into potential funding to do the 21E. No action taken at this time. CPC Appointment –Deborah Feltovic The Administrator presented that this is for the Conservation Commission to appoint Deborah Feltovic to a new 3 year term on the Community Preservation Committee. Mr. Mabon discussed that Ms. Feltovic wears many hats and that she is multi tasker. Mr. Lynch discussed Ms. Feltovic is the Harbor Master and CPC member and Conservation Commission member. A motion to appoint Ms. Feltovic to CPC for a three year term was made by Mr. Napoli, seconded by Mr. Lynch. Vote unanimous. 242-1111, PCOC Request, 180 Chickering Road Unit 110C (Terra Properties) (Kilman Law Offices) (cont. from 5/5/10) Ms. Feltovic recused herself due to a conflict of interest. 1 The Administrator presented that the Conservation Commission is holding $15,000 plus interest in bond money on this project. A motion to grant the PCOC for 180 Chickering Road Unit 110C was made by Mr. Lynch, seconded by Mr. Napoli. Vote unanimous. 242-1453, Modification Request, Brook Street/Old Clark Street (DPW) (Weston & Sampson, Inc.)(cont. from 5/5/10) Mr. Napoli recused himself due to a conflict of interest. The Administrator presented that the Division of Public Works wants to add additional hydrants on Poor Street, Dartmouth Street, and Grosvenor. A motion to grant the modification was made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. 242-1392, Extension Request, 810 Salem Street & 409 Blueridge Road (Carroll) (Merrimack Engineering Services, Inc.) The Administrator presented that the foundation as-built has been submitted. The commission discussed reducing the monitoring requirement. A motion to grant the reduction of monitoring to monthly was made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. A motion to grant the extension was made by Mr. Napoli, seconded by Ms. Feltovic. Vote unanimous. 242-1119, COC Request, 712 Sharpeners Pond Road (Rei) (Giles Surveying) The Administrator presented that no work was ever started. The Field Inspector talked about a brush pile that would have to be cleaned up before the release of the COC. The Conservation Commission had a discussion regarding sending a letter requesting that the brush dumping be cleaned up and wetland markers placed on the property before releasing the COC. A motion to issue the COC but hold it until the brush dumping is cleaned up and the wetland markers are installed was made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Small Project NACC#67, 480 Rea Street (Romano) The applicant Rich Romano was present. The Administrator presented that the proposed shed slightly larger than 100 s. f. allowed under the small project 4.4.2.A, but may qualify under 4.4.2.J. A motion to grant this as a small project 4.4.2.J, with pre-construction and post-construction inspections, to stake corners of shed prior to construction and to place the shed only on cement blocks was made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous. 2 NACC#69, 100 Bridle Path (Salach ) The applicant Brendan Salach was present. The Administrator presented this was a last minute addition to the agenda with the Chair’s permission. The proposal is removal of an existing deck and construction of a new deck under 300 s.f. Mr. Salach stated that the sono tubes would be hand dug and there would be 7 sono tubes for the construction. He stated that he received a waiver of watershed special permit through the Planning Board at their last meeting. The Administrator stated that the requirements would be pre-construction site inspection, wetland makers and post-construction site inspection. The footings must be outside the 50’ No-Build. A motion to grant and accept this as small project 4.4.2A made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous Recess 5 minutes Public Hearings: 8:02 PM Request for Determination of Applicability 22-24 Ashland Street (North Andover Housing Authority) (Allen & Major Associates, Inc) Ryan Bianchetto of Allen & Major Associates, Inc., and Joanne Comerford of North Andover Housing Authority were present. Ms. Feltovic read the legal Notice. The Administrator presented that there is a dispute on the delineation of the top of bank/MHW of the riverfront, also there is pipe that outlets and is eroding the bank and the drainage system needs to be upgraded within the site. Mr. lynch discussed that the state deemed the tidal water starts at the Haverhill line but that can be disputed because I think this area of the Merrimack River is effected by the tidal waters. The applicant should think about filing a Notice of Intent. The Administrator presented that there should be an infiltrator installed to improve the drainage to the river. There is a lot scouring through the property to the river. Mr. Mabon discussed that the top of bank may be 75-feet to 85-feet further upland than shown on the plan and that it needs to be resolved to determine the actual Riverfront Resource Area. th Ryan Bianchetto requested to continue until the June 9 public hearing. A motion to grant the request for a continuance made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. 84 Castlemere Place (Cafua) (MHF Design Consultants, Inc.) Christopher Tymula of MHF Design Consultants, Inc. and Abutter Mario & Renta Cavallaro of 89 Castlemere Place were present. Ms. Feltovic read the legal notice. 3 The Administrator presented that she recommend a negative determination for the proposed foundation drain. Mr. Tymula discussed the project as proposed. A motion to grant a negative determination with pre-construction site inspection, filterexx erosion controls and post-construction site inspection made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Notice of Intent (s) NACC#68, 99 Bear Hill Road (Conaton) (Sullivan Environmental Group, LLC) The applicant Mr. John Conaton presented. Mr. McDonough read the legal notice. Mr. Conaton discusses he would like to withdraw the RDA. A motion to accept the withdrawal of the RDA made by Mr. McDonough, seconded by Ms. Feltovic. Mr. Lynch discusses the wall detail needs to be done because the amount of fill being installed in the back yard 4-feet of fill is a lot for this back yard. Potential solutions for the boulder wall were discussed. The Administrator stated that revised plans with the cross section of the wall detail would be needed. A motion to close and issue a decision within 21 days made by Mr. McDonough, seconded by Mr. Lynch. Vote unanimous. 242-1477, 66 Jay Road (Alpuerto) (Norse Design Services, Inc.) The applicant Carlo Alpuerto and Jeffery Hannaford of Norse Design Services, Inc presented. Mr. McDonough read the legal notice. The Administrator stated that the plan needs to show a stockpiling location. Mr. Hannaford discussed the stockpiling area, dewatering area, and relocation of the shed to outside the 50’ No-Build. A motion to grant the request for a continuance was made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. 242-1476, 7 South Cross Road (Naehle) (Norse Environmental Services, Inc.)(cont. from 5/5/10) The Administrator presented that the new plan shows stockpiling and dewatering areas as well as a planting plan and no-disturbance markers and recommended at least 16 three to four foot shrubs planted 8’ on center for buffer zone mitigation areas. Mr. Hanley stated that the stockpiling area would be in the front yard. A motion to close and issue a decision within 21 days made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. 4 242-1474, 99 Ogunquit Road (Lot 5) (Breen) (The Neve-Morin Group, Inc.)(cont. from 5/5/10)(Request to cont. to 6/9/10) The Administrator stated that we are waiting for the results from Natural Heritage. A motion to grant the request for a continuance made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. 242-1428, Lot 4N Turnpike Street (Merrimack Condominiums) (One Hundred Fourteen Trust(Patrick C. Garner of Garner Company, Inc.)(cont. from 4/28/10) ) Mr. McDonough recused himself from the meeting as an Abutter of this project. The Administrator presented that Mr. Garner will present porous pavement changes/details at meeting. The applicant and all parties have been discussing a vernal pool monitoring program and invasive management plan. Lisa Eggleston expects to have her final written comments to us by the next meeting in 3 weeks. We have received a draft CR as well. The lawyers are working on the Conservation Restriction on the Open Space area on this property. Mr. Garner discussed that this is a 4 phase project; there would be removal of trees, stumping and grinding of trees and root system to clear the lot for utilities installation, water and sewer lines, would be done first. A motion to grant the request for a continuance made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Decisions NACC# 68, 99 Bear Hill Road The Administrator stated to set the bond amount at $1,500, conditions are: pre-construction site inspection, wetland markers, wall detail, and Construction sequence. A motion to accept the Order of Conditions as amended made by Ms. Feltovic, seconded by Mr. Napoli. Vote unanimous. 242-1476, 7 South Cross Road The Administrator presented that the bond amount is set at $2,000, restoration of the 25-foot No-Disturbance zone, one year monitoring fall and spring, brush pile be removed, 876 s. f. of restoration area. A motion to accept the Order of Conditions as drafted and amended made by Mr. Napoli, seconded by Ms. Feltovic. Vote unanimous. A motion to adjourn the meeting at: 10:00PM made by Mr. Napoli, seconded by Ms. Feltovic. Vote unanimous. 5