HomeMy WebLinkAboutCCMeetingMinutes_12.07.11
Conservation Commission Meeting Minutes
December 7, 2011
Members Present:
Louis A. Napoli, Chairman, John T. Mabon, Vice Chairman, Joseph W.
Lynch, Jr.Albert P. Manzi, Jr., SeanF. McDonough(arrived at 8:30PM), Douglas W. Saal.
Members Absent:
Deborah A. Feltovic.
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:7:05 PMQuorum Present.
General Business
A motion to accept the minutes of October 12, 2011ismade by Mr. Mabon, seconded by Mr.
.
Manzi
Vote unanimous.
242-1512, Modification Request, 45 Thistle Road (Whipple) (Norse Environmental
Services, Inc.)
Maureen Hanley of Norse Environmental Services, Inc. ispresent.
The fieldinspector statesthat the pool is slightly larger and additional patio was added away
from the resource area. The total increase in impervious area is approximately 180 s. f. not all
of which is in the buffer zone. All additional work is outside the 50-foot No-Build zone.
Ms. Hanley discusses the changes including the patio and a planter bed. She hands out a
clear overlay sheet to the commission members so they can clearly see the changes when it is
overlaid over the proposed plan.
A motion to issue the Modification,COCand the bond releaseismade by Mr. Lynch,
seconded by Mr. Mabon.
Vote unanimous.
Documents:
Letter from Norse Environmental Services, Inc. dated 11/14/11
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As-Built Plan dated 9/6/11
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Clear Overlay Plan dated 9/6/11
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Photos dated 12/6/11
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WPA Form 8A -COC Request
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242-1470, Modification Request, 195 Bridle Path (Ercolini) (Hancock Associates)
Theapplicant Robert Ercoliniand Greg Hochmuth of Hancock Associates arepresent.
Mr. Hochmuth discusses the project and the need for the modification. He states that the
stairs encroach 2’6” into the 50’ No-Build Zone. He states that this was an inadvertent
mistake and as mitigationthe applicant has reduced the pavement and the stonedust parking
area as well as planting several hemlock trees to create a permanent buffer to the wetlands.
Mr. Lynch states that the mitigation is adequate for the encroachment.
The commission discusses the modification and agrees with Mr. Lynch.
A motion to issue the Modificationismade by Mr. Mabon, seconded by Mr. Saal.
Vote unanimous.
Documents:
Letter from Hancock Associates addressing the modification request and what needs
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to be modified dated 11/21/11
Plan showing where the encroachment into the 50-foot No-Build zone dated 11/21/11
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Photos taken by Hancock Associates of the site showing the wall slightly
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encroachment into to 50-foot No-Build zone.
Photos dated 12/7/11
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242-158, PCOC Request, 144Bear Hill Road (Lot 57) (Law office of Michael E. Lombard,
LLC)
The field inspector states that there are no resource areas on this lot and all work wasoutside
of the buffer zone.
A motion to issue the PCOCfor 144 Bear Hill Road (Lot 57) only ismade by Mr. Lynch,
seconded by Mr. Mabon.
Vote unanimous.
Documents:
WPA Form 8A-Request for Certificate of Compliance dated 11/23/11.
o
242-1514,COC Request, 120 Milk Street (Tara Leigh Development, LLC) (MHF Design
Consultants, Inc.)
The applicant Thomas D. Zahoruiko of Tara Leigh Development, LLC ispresent.
The administratorreviews the project and states that the house is slightly different, but is
further from the resource area. The stone wall has been constructed and the plantings and
brush removal are complete. There is an area near the road that is not stabilized and will
need to be addressed.
Mr. Zahoruiko discusses the unstabilized area and states that he will be installing sod.
The commission discusses that theapplicant should come back in the spring to request the
Certificate of Compliance.
A motion to grant a 100%bond releaseismade by Mr. Lynch, seconded by Mr. Manzi.
Vote unanimous.
Mr. Zahoruiko states he wishes to withdraw the request for Certificate of Compliance until
the spring.
Documents:
Letter from MHF Design Consultants, Inc. dated 11/23/11
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Letter from the applicant Tara Leigh Development, LLC dated 11/22/11
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WPA Form 8A-Request for Certificate of Compliance dated 11/23/11
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Appendix A-Affidavit for 120 Milk Street new owner signed 7/26/11/
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As-Built Plan dated 11/23/11
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Photos dated 12/7/11
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242-1506, COC Request, Railroad Corridor from Lawrence to Haverhill Line
(Massachusetts Electric Company) (AECOM Environmental)
Thomas Keogh of AECOM Environmental ispresent.
The administrator discusses the project and states that the work was completed with very
little impact to the buffer zone areas.
A motion to grant the COC and release the bond is made by Mr. Mabon, seconded by Mr.
Saal.
Vote unanimous.
Documents:
Letter from AECOM dated 11/21/11
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WPA Form 8A-Request for Certificate of Compliance
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As-Built Plan dated 11/22/11
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Photos 12/7/11
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242-1360, COC Request, 1101 Turnpike Street (Massachusetts Electric Company)
(Pennoni Associates, Inc.)
The field inspectordiscusses the site and the efforts that were taken to stabilize and states
that the site is now well stabilized.
The administrator discusses the history of the site.
A motion to issue the COC and release the bondismade by Mr. Mabon, seconded by Mr.
Saal.
Vote unanimous.
Documents:
Letter from Pennoni Associates, Inc. dated 11/29/11
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WPA Form 8A-Request for Certificate of Compliance
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As-Built Sewer Plan dated 12/14/10
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Photos dated 8/23/11 & 12/6/11
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Small Project
NACC#89, 170 Lacy Street (Rainville)
The applicant Robert Rainville ispresent.
The administrator reviews the project and discusses why this was filed as a small project.
The applicant is only proposing to install proper sono tubes to support the existing deck, due
to the existing posts being rotted and currently unsafe. It is only a repair project.
The commission discusses the project and state that it meets the intention of the small project
filing.
A motion to accept the project as a small projectJand approve the small project ismade by
Mr. Mabon, seconded by Mr. Manzi.
Vote unanimous.
Documents:
Application Checklist-Small Project dated 11/29/11
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Letter from Robert Rainville explanation of the project dated 11/29/11
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Small Project Procedures dated 11/29/11
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Photos taken 11/30/11
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Violation
242-1478, 1503 Osgood Street(Violation of the Order of Conditions) (Hera Development
Corporation)
The administrator reviews the nature of the violation and states that 8 days of tickets have
been issued.
The commission discussesthe history of the project and the numerous problems and
violations that have occurred.
Mr. Manzi notes that it is important to document the history of the project when the tickets
go to court. Notes Conservation may want to make a courtesy call to the magistrate to
explain the tickets.
Discussion of septicsystem issues.
EPA has been notified about lack of monitoring in case in affects SWPPP requirements.
Notice of Intent (NOI)
242-1533, 16 Berry Street (Fiore) (Goldsmith, Prest & Ringwall, Inc.) (cont. from 11/16/11)
Matthew Bombaci of Goldsmith, Prest & Ringwall, Inc. ispresent.
The administrator states Eggleston Environmental has finished her review and discusses the
roadway issues.
Mr. Bombaci states that the homeowners association will be responsible for maintaining the
stormwater BMP’s. He states that the name of the road will need to change as requested by
the fire department.
Mr. Saal discusses the drainage and the pump station as well as the man holes and the
maintenance.
The administrator discusses the issues with using LID’s as far as DPW’s and maintenance are
concerned.
Mr. Lynch discusses the issues regarding LID’s and states that the commission will need to
condition the stormwater section of the OOC carefully.
Mr. Saal feels that the road should be a private way only.
The administrator states that the commission needs to condition that it be maintained.
Mr. Bombaci requests a continuance to the December 21, 2011 meeting.
A motion to grant the request for a continuance totheDecember 21, 2011 meeting is made
byMr. Lynch, seconded by Mr. Mabon.
Vote 5 to 1 (Mr. McDonough abstained from voting.)
Documents:
E-Mail from Eggleston Environmental dated 12/6/11
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Eggleston Environmental review letter for stormwater review dated 11/14/11
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Division of Fishery & Wildlife letter for the Conservation Restriction dated 10/31/11.
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GPR Engineering Solutions for Land & Structures letter dated 11/21/11,stormwater
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management review.
Definitive Subdivision Plan dated 11/22/11.
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242-1537, 50 Johnnycake Street (McElroy) (LJR Engineering) (cont. from 11/16/11)
Luke Roy of LJR Engineering ispresent.
The administrator statesthatthe wetland line was correctedand the system has been
reoriented out of the 100-foot buffer zone.
Mr. Roy states that they system is now out of the buffer zone and there is only grading within
the buffer zone. The applicant will also remove an area of brush within the buffer zone.
A motion to closethe public hearingand issue a decision within 21 daysismade by Mr.
Mabon, seconded by Mr. Lynch.
Vote unanimous.
Document:
Revised Subsurface Septic Disposal System Replacement dated 11/30/11.
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242-1538, 622 Salem Street (Swimm) (Waypoint Surveying Services) (cont. 11/16/11)
The administrator states that a DEP File # has been received.
A motion to closethe public hearing and issue a decision within 21 daysismade by Mr.
Lynch, seconded by Mr. McDonough.
Vote unanimous.
242-1531, 315 Turnpike Street (Merrimack College) (VHB) (cont. from 11/16/11) (Request
to cont. to 12/21/11)
The administrator statesthatthe applicanthas requested a continuance andshould be
finishing up in Andover in the next week.
A motion to grant the request for a continuance totheDecember 21, 2011 meetingismade
by Mr. Mabon, seconded by Mr. Lynch.
Vote unanimous.
Documents:
Request for continuance
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Decisions
242-1538, 622 Salem Street
The administrator reviews the drafted Order of Conditions.
A motion to issuethe Order of Conditions as drafted is made by Mr. Mabon, seconded by
Mr. Lynch.
Vote unanimous.
242-1537, 50 Johnnycake Street
The administrator reviews the drafted Order of Conditions.
A motion to issue the Order of Conditions as drafted is made by Mr. Lynch, seconded by Mr.
Mabon.
Vote unanimous.
A motion to adjourn the meeting at9:00 PMismade by Mr. Lynch, seconded by Mr. Mabon.
Vote unanimous.