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HomeMy WebLinkAboutCCMeetingMinutes_07.11.12 Conservation Commission Meeting Minutes July 11, 2012 Members Present: Louis A. Napoli, Chairman, Joseph W.Lynch, Jr.,Vice Chairman, John T. Mabon, Deborah A. Feltovic, Albert P. Manzi, Jr., Douglas W. Saal. Member Absent: Sean F. McDonough. 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: 7:05PM QuorumPresent. Approval of Minutes of 5/23/12 A motionto accept the meeting minutes of 5/23/12 as drafted and reviewed made by Mr. Manzi, seconded by Mr. Mabon. Vote unanimous. Small Project NACC#96, 25 Margate Road (Bailey) (Drainage & Landscaping) (cont. from 6/20/12) Thomas Bailey of 25 Margate Road is present. The administratorstates thatthe fine and enforcement order have been taken care of and theapplicant can move forward with his small project. The Field Inspector presents the project and states erosion control will be installed at the low point in the yard. A motion to accept this as asmall project 4.4.2.J is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. A motion to approve the small project and require erosion controls as well as preand post construction inspections ismade by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Small Project Checklistand associated documents. o Small Project Procedures o Public Hearings: 7:10PM Requestfor Determination of Applicability (RDA) 53 Concord Street (Tusa) (cont. from 6/20/12) The applicant Paul Tusa of 53 Concord Street is present The administrator stateswetland delineation has been conducted and a revised plan submitted. The wetland linehas moved closer to the house than when it was constructed. The Conservation Commission discusses the existing chicken wire fence and that it should be removed and a permanent fence be installed to prevent future encroachment into the wetland. Mr. Tusa requests a waiver of the 50-foot No-Build Zone. A motion to grant the waiver request from the 50-foot No-Build zone made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. A motion to issue a negative determination #3 made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Basbanes Wetland Consulting dated 6/21/12 o Site Plan dated 7/10/12 o Photos dated 5/7/12 o 488 Pleasant Street (Borke) The applicantsLouise Borke and Gerald Brecher of 488 Pleasant Streetarepresent. The administrator states thatthis is for agenerator installationand that they went through theproper permitswithgas and electric and did not need to do the formU. Fees were not tripled for the after-the-fact filing as this was an internal issue that isbeing worked out. A motion to issue a negative determination#3 with no conditions is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability o WPA Form 1-Request for Determination of Applicability and associated o documents MassGIS Map dated 6/18/12 o Plan of Land dated 3/25/2005 owner sketched location of generator on the plan o Notice of Intent (NOI) 242-1558, 225 Abbott Street (Arria) (Sullivan Engineering Group, LLC) (cont.6/20/12) The administrator states that arevised plan has been submitted showing a buffer zone restoration planting plan. A motion to closethe public hearingand issue a decision within 21 days made by Mr. Manzi, seconded by Mr. Lynch. Vote unanimous. Documents: Letter from Sullivan Engineering Group, LLC dated 6/10/12 o Plot Plan of Land dated 7/9/12 o 242-1526, 285 Holt Road, (Wheelabrator Technologies, Inc.) (cont. from 5/23/12) (Request to cont. to 7/25/12) The administrator states that the applicant is re-notifying abutters and re-advertising in the paper. More comments are expected from Eggleston Environmental after their review is completed. They have requested a continuance. A motion to grant the request for a continuance totheJuly 25, 2012meetingis made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. Document: E-Mail from Matt Hughes request a continuance to July 25, 2012 meeting dated o 7/5/12 242-1561, 109 Nutmeg Lane, (Gorman) (Marchionda & Associates L. P.) The applicantsRobert & Elizabeth Gorman of 109 Nutmeg Lane and Paul Marchionda of Marchionda & Associates, L. P. arepresent. Mr. Saal readsthe legal notice. The administrator discusses the project and the discovery of the Vernal Pool as well as the 50’ No-disturb zone and the 75’ No-build zone. She states that the Vernal Pool was not identified when the house was originally permitted. Mr. Manzi states that this filing was in court for 20 yearsandthe town finally settled but did not require a re-delineation of the wetlands and resource areas on the site. Mr. Manzi states that the Vernal Pool should be certified by the homeowner as part of this filing. The homeowner agrees. Mr. Mabon discusses what type of filter will be used for the pool. Mr. Marchionda states that a diatomaceous earthfilter is proposed. The Commission discusses filter typesand requirements. The Commission discusses the need to restore a portion of the 50’ No-disturb zone. The hearing is tabled for 15 minutes while Mr. Marchionda discusses the restoration of the No-disturb with the applicant. Mr. Marchionda and the applicant returned (8:15) and discussed options for restoration and stated that a new plan will be submitted. The applicant requests a continuance. A motion to grant the request for a continuance to the July 25, 2012 meetingismade by Mr. Mabon, seconded by Mr. Lynch. Vote unanimous. Documents: Application Checklist-Notice of Intent o WPA Form 3-Notice of Intentand associated documents o Wetland Delineation Report by Norse Environmental Services Inc. dated 6/28/12 o Notice of Intent Existing Conditions Plan dated 6/28/12 o Notice of Intent Developed Conditions dated 6/28/12 o Abutter receipts received o 2008 MA GIS Aerial Photos o 242-1559, 40 Sugarcane Lane (LaGrasse) (Hancock Associates) Theapplicant Joseph D. LaGrasse of 40 Sugarcane Lane and Greg Hochmuth of Hancock Associates arepresent. Ms. Feltovic reads the legal ad. The administrator states that this is a violation and after visiting the site a violation letter was issued. The homeownerhired HancockAssociatesto assist him with permitting. Mr. Hochmuth presents the application and states that no trees were taken down when the shed was installed. He requests a continuance and requests that the commission attend a site visit. Mr. Napoli and Mr. Mabon discuss compliance with the setbacks. Mr. Manzi states that he believes this is inviolation of zoning setbacks and asks if a building permit was applied for. Mr. Mabon states the shed needs to be moved to another area on this propertywhere it will comply with the bylaw. Mr. Hochmuth states that Mr. LaGrasse will apply for applicable permits, but is seeking feedback from the commission first. Mr. Lynch states that the homeowner should have known better. Mr. Saal points out that the applicant has other options. A continuance is requested. A motion to grant the request for a continuance totheJuly 25, 2012 meeting is made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. Documents: Application Checklist-Notice of Intent o WPA Form 3-Notice of Intentand associated documents o Notice of Intent Plan dated 6/20/12 o Abutter receipts received o 242-1560, 82 Saunders Street (Levis) (Andover Consultants, Inc.) Theapplicant Joseph Levis, Jr. and Joseph Levis of 160 Pleasant Streetand James S. Fairweather of Andover Consultants, Inc. and Abutter Anna Marie Ventura of 148 Main Street arepresent. Mr.Saal readsthe legal notice. The commission discusses the filing fee, applicant did not pay the proper fee and owes additional money. Motion to continue the hearingmade by Mr. Lynch, seconded by Mr. Manzi Mr. Mabon requests discussion. Discussion regarding filing fee among commission members. Mr. Lynch withdraws his motion to continue. The administrator briefly reviews the application. Mr. Fairweather presents the project stating that the proposal is to demolish an existing single family home and construct a duplex. He reviews the resource areas. Mr. Lynch discusses the need for a vegetated buffer in the Riverfront Area and wants to see the planting plan improved. Mr. Lynch discusses infiltration on the site. Mr. Fairweather states that he can work ontheinfiltration. Mr. Mabon discusses a split rail fence and the plantings to protect the Riverfront Area. Mr. Fairweather requests a continuance. A motion to grant the request for a continuance to the July 25, 2012 meetingismade by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: Application Checklist-Notice of Intent o WPA Form 3-Notice of Intentand associated documents o Site Plan dated 6/21/12 o Abutter receipts received o North Andover MIMAP Aerial Map o 242-1479, 15 Lorraine Avenue (Breenmore Realty Trust) (The Neve-Morin Group, Inc.) (cont. from 6/20/12) The administrator states thatthis was a three week administrative continuance. A motion to closethe public hearingand issue a decision within 21 days is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. General Business: 8:30 PM 242-1476, COC Request, 7 South Cross Road (Naehle) (Norse Environmental Services, Inc.) (cont. from5/9/12) The field inspector discusses thatthisorder of conditions was for anaddition, deck, and patio. The addition was built smaller than proposed, the deck was built largerwiththe additional deck area fillingin the areathatwas supposed tobe addition and the patio was not built. The monitoring on the plantings was one year and the spring report was received from Norse Environmental Services, Inc. A motion to issue the COC and release the bondismade by Mr. Manzi, seconded by Ms. Feltovic. Voteunanimous. Documents: Letter from Norse Environmental Services, Inc, dated 2/14/12 o Letter from Civil Design Consultants, Inc. dated 12/20/11 o WPA Form 8A-Request for Certificate of Compliance o As-Built Plan dated 12/20/11 o Photos dated 7/3/12 o 242-1404,COC Request, 210 Holt Road (TBI, Inc.) (cont. from 6/20/12) (Request to cont. to 7/25/12) The administrator states thatrevised plans are in the works and the applicant is requesting a continuance to the July 25, 2012 meeting. A motion to grant the request for a continuance totheJuly 25, 2012 meeting is made by Ms. Feltovic, seconded by Mr. Saal. Vote unanimous. Document: E-Mail from William Thompson requesting a continuance to July 25, 2012 o meeting dated 6/20/12 242-919, COC Request, 1275 Salem Street (James) (Hancock Associates) Greg Hochmuth of Hancock Associates is present. The field inspector statesthat this is an olderone from 1998. It was an after-the-fact deck that was partly in the 50-foot No-Build zone. The mitigation was required by restoring 800 s.f. of the 25-foot No-Disturbance zone. A monitoring report was received in May 2000 stating that majority of the plants surviving. Greg Hochmuth of Hancock Associates visited the site on June 28, 2012, the report states that although some specieshave out competed the plantings, the restoration area appearsto belarger than shown on the original plan and that all species in the area are doing well. There was no dumping observed and the area looks good. Amotion to issue the COC and release the bondismade by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Hancock Associates dated June 29,2012 o North Andover Conservation Commission Order of Conditions Compliance o Certification Form WPA Form 8A-Request for Certificate ofCompliance o Letter from Hancock Environmental Consultants dated May 9, 2000 o Photos dated May 9, 2000 o 242-634, PCOC Request, 14 Puritan Avenue (Lot 13) (Vining) (Hayes Engineering, Inc.) The field inspector states thatthis isaWoodland Estates property. There is a stamped as- built plan by Hayes Engineering, Inc. for the house as well as an as-built for the detention pond which is partially on this property.Nolawn or leafdumpingwas observed and the site is very clean property. A motion to issuethePCOCspecific to Lot 13 ismade by Mr. Manzi, seconded by Mr. Mabon. Vote unanimous. Documents: Letter from Hayes Engineering, Inc. dated July 10, 2012 o WPA 8A-Request for Partial Certificate of Compliance o Violation 223 Chickering Road (Liang Gong) The applicant Liang Gong of 223 Chickering Road and abutters David and Maryellen Johns arepresent. The administrator discusses the history of the Conservation Restriction and states that a dirt berm has been constructed at the edge of the property. The Conservation Commission discussesthe berm and states that it must be removed and no fence can be installed unless approved bythe Conservation Commission. Mr. Gong discusses the issues and the history and states that he will do a boundary survey and then wouldlike to plant some bushes. Mr. Saal discusses that having the property surveyed with survey markers installed will clearly mark the property lines. The administrator and the commission state that the dirt berm needs to be removed. Mr. Johns discusses the history and asks why it is not public open space and why it is privately owned. The commission discusses the paperwork that is available regarding the property. Documents: Letter from Liang Gong of 223 Chickering Road dated 6/25/12 o Letter from David and Maryellen Johns of 209 Chickering Road dated 6/6/12 o North Andover MIMAP Aerial Images o Decisions 242-1558, 225 Abbott Street The administrator reviews the drafted Order of Conditions The Commission accepts Order of Conditions as drafted. A motion to issuethe Order of Conditions as drafted ismade by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. 242-1479, 15 Lorraine Avenue The administrator reviews the drafted Order of Conditions The Commission accepts Order of Conditions as drafted A motion to issue the amended bylawOrder of Conditions as drafted and amended is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. A motion to adjourn the meeting at: 9:15 PM made by Mr. Mabon, seconded by Mr. Manzi Vote unanimous.