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HomeMy WebLinkAboutCCMeetingMinutes_11.20.13 Conservation Commission Meeting Minutes November 20, 2013 Members Present: Louis A. Napoli, Chairman, Joseph W. Lynch, Jr., Vice Chairman, Deborah A. Feltovic, John T. Mabon, (arrived 8:00 p.m.) Sean F. McDonough (arrived 7:10 p.m.), Douglas W. Saal. Member Absent: Albert P. Manzi, Jr. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge, Conservation Secretary. Pledge of Allegiance Meeting came to Order at: 7:05 PM Quorum Present. Approval of Minutes of 9/25/13 & 10/9/13 A motion to accept the meeting minutes of 9/25/13 and 10/9/13 as drafted and reviewed is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Public Hearings: 7:06 PM Notice of Intent (NOI) 242-1613, 190 Academy Road (North Parish Church) (Christiansen & Sergi, Inc.) (cont. from 11/6/13) No one is present for the applicant. The matter is tabled to the end of the meeting. At the end of the meeting Mr. Lynch motions to continue the matter to the next meeting on December 11, 2013. Ms. Feltovic seconds the motion. Vote unanimous. Document: Christiansen & Sergi, Inc. resent a fax dated 11/18/13 (not received prior to meeting) requesting a continuance to December 11, 2013 meeting 242-1608, 120 Campion Road (Sigman) (Sullivan Engineering Group, LLC) (cont. from 10/23/13) Administrator states the Planning Board expects to close and issue a decision on this matter at their next meeting. A motion to grant the request for a continuance to December 11, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent Wetland Fee Transmittal Form dated 8/30/13 Copy of State and Town Checks USGS Map Site Development Plan of Land dated 10/4/13 Photos dated 10/22/13 E/Mail from Sullivan Engineering Group, LLC requesting continuance to December 11, 2013 meeting dated 11/20/13. 242-1593, 16 Berry Street (North Andover Holdings, LLC) (LEC Environmental Consultants, Inc.) (cont. from 10/23/13) (Request to cont. to 12/11/13) The applicant Eric Loft of North Andover Holdings, LLC, Ann Marton of LEC Environmental Consultants, Inc. and Matthew Bombaci of Goldsmith, Prest & Ringwall, Inc. are present. Ms. Marton presents the waiver requests that the applicant is seeking. Requested: Minor grading and installation of the stormwater management structure outfall within 25-foot of wetland resource areas. Requested: Construction of a 20 foot wide paved driveway and retaining wall on the west side of Building B within 50-foot of the resource area but outside the 25-foot no disturb zone. Requested: Construction of paved driveway, retaining wall and grading within the existing finger of local jurisdictional isolated wetland to the east of the historic cemetery. The total area of wetland replication area is proposed adjacent to the existing pond at a ratio of 2:1 to area of isolated wetland filled. Mr. Bombaci presents the changes to the plan including reducing buildings A & C to 3 stories. Building A is now longer and building C is shorter. A plan showing the proposed CR is presented. Updated plans with grading and drainage will be submitted to the commission and Lisa Eggleston for the next meeting. Mr. Lynch states that the waivers appear reasonable. Ms. Feltovic states she is usually opposed to waivers but the proposed waivers appear to have minimal impact. Mr. Lynch asks why the wrap around drive is needed. The commission discusses with Mr. Bombaci. Mr. McDonough states -build zone. It is allowed if no alternative. He asks if waivers are needed for any dwellings. Ms. Marton states they are not. Ms. Marton asks for waivers on Section 3.2, 3.4 and 5.3. Mr. McDonough states the commission has no objection to the request made. A motion for notification to the Zoning Board of Appeals that the commission does not object to the requested waivers on sections 3.2, 3.4, & 5.3 of the Wetlands Protection Bylaw Regulations made by Mr. Lynch, seconded by Mr. McDonough. Vote unanimous. Ms. Marton requests a continuance to the meeting of December 11, 2013. A motion to grant the request for a continuance to December 11, 2013 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Goldsmith, Prest & Ringwall dated 11/13/13 Multi-Family Development presentation Site Plan dated 11/12/13 General Business: 7:25 PM 242-1467, Request Partial Bond Release (Brightview North Andover, LLC) (Marchionda & Associates, L. P.) (cont. from 11/6/13) Paul Marchionda of Marchionda Associates, L. P. is present. Administrator states that a bond reduction is requested. A COC cannot be requested at this time due to monitoring requirements for restoration areas. The administrator states Eggleston Environmental has reviewed the stormwater and indicates it is constructed in accordance with record plans and modifications. Mr. Napoli reviews bond reduction requests and states he agrees with holding $16.5K until the monitoring is complete. Mr. Lynch commends the applicant for keeping the site in compliance while working a very challenging site. Mr. McDonough inquires about trails and parking. Both are in place. A motion to issue the Partial Bond Release in the amount of $36, 000 only is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Document: Letter from Marchionda & Associates L. P. requesting partial bond release dated 10/7/13. As-Built Drainage Review Brightview North Andover, prepared by Lisa Eggleston, Eggleston Environmental, dated November 15, 2013 242-1399, COC Request, 245 Berry Street (Stack & Fratto) (Christiansen & Sergi, Inc.) The applicant Gregg Fratto of 245 Berry Street is present. The administrator reviews the discrepancies between the proposed plan and the as-built plan. Mr. Lynch states there was not enough bond requested on this project. Mr. McDonough asks about the amount the owner has in escrow to obtain the COC. Mr. Fratto states $2,500. Mr. Lynch states there was to have been no bulkhead and the house was to be on a slab. Much of this came to light due to a sewer issue. Mr. McDonough is sympathetic to the situation but states the board must follow its own rules regarding compliance. Mr. McDonough states he would like to see the wall removed. Mr. Napoli discusses moving the existing fence Mr. Lynch mentions that in the past entire houses have been moved to bring about compliance. Mr. Lynch states that the wall location is not in compliance. The NACC discusses the section of the fence on the abutting property. Mr. Lynch states he is not opposed to moving the fence. Mr. Fratto states the neighbor would pitch in with the cost of moving the fence probably installing a vinyl fence instead of chain link fence. Mr. McDonough states this does not help with the wall issue. There is discussion of the monitor for this project, Ms. Basbanes. NACC discusses location of wall in relation to drinking water well. NACC members want to know if BOH required change in well location. Mr. McDonough explains the compliance process. A plan is needed. Order expires in October 2014 Mr. Saal states project should be brought into compliance as much as possible. The NACC requests information regarding the well for the next meeing. A motion to grant the request for a continuance to December 11, 2013 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: E/Mail Letter from Gregg Fratto of 245 Berry Street dated 11/12/13 Letter from Christiansen & Sergi, Inc. dated 11/12/13 WPA Form 8A-Request for Certificate of Compliance Conservation As-Built Plan dated 11/12/13 Photos dated 11/20/13 242-1571, COC Request, 49 Orchard Hill Road (AAA Southern New England) (Frank S. Giles, II Land Consulting) (cont. from 11/6/13) Paul J. Shea of Independent Environmental Consultants, Inc. is present. Mr. Shea states the catch basins have been cleaned and erosion controls have been removed. O&M reports will be emailed fall and spring for 5 years. The administrator clarifies that the OOC requires that the prior 5 years of monitoring reports need to be on file with the property owner. A motion to issue the COC is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Independent Environmental Consultants, Inc. dated 10/17/13 Letter from AAA Southern New England dated 10/24/13 WPA Form 8A-Request for Certificate of Compliance Photos dated 10/9/13 Photos dated 11/12/13 Enforcement Order (Update) NACC#7, 80 Saile Way (Russell) (cont. from 11/6/13) The administrator reviews the findings of a site visit to the property with Mr. Napoli and Judy Tymon the town planner. The administrator reviews the different jurisdictions of the conservation and planning boards. All mitigation is on the table. A motion to grant the request for a continuance to December 11, 2013 meeting is made by Mr. Lynch, seconded by Mr. McDonough. Vote unanimous. 242- Administrator states the applicant could not be present tonight and asked for a continuance to December 11, 2013 meeting. A motion to grant the request for a continuance to December 11, 2013 meeting is made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous. Document Decisions 242-1604, 288 Sutton Street Administrator reviews the draft Order of Conditions. The Commission amended the Order of Conditions. A motion to accept and issue the Order of Conditions as amended is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. 242-1612, 245 Boxford Street Administrator reviews the draft Order of Conditions. The Commission amended the Order of Conditions. A motion to accept and issue the Order of Conditions as amended is made by Ms, Feltovic, seconded by Mr. Lynch. Vote unanimous. A motion to adjourn the meeting at: 8:40PM is made by Mr. Lynch, seconded by Ms. Feltovic Vote unanimous.