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HomeMy WebLinkAboutCCMeetingMinutes_02.27.13 Conservation Commission Meeting Minutes February 27, 2013 Members Present: Louis A. Napoli, Chairman, Joseph W. Lynch, Jr., Vice Chairman, Deborah A. Feltovic, Albert P. Manzi,Jr(left the meeting at 8:45 p.m.);Sean F. McDonough(arrived at 7:05 p.m.) Douglas W. Saal. Members Absent: John T. Mabon. Staff Members Present: Jennifer A. Hughes, Conservation Administrator,Donna M. Wedge, Conservation Secretary. Pledge of Allegiance Meeting came to Order at:7:02PMQuorum Present. Public Hearings: 7:03PM Request for Determination of Applicability 50 Woodlea Road The applicant Susan Caffrey of 50 Woodlea Road is present. Mr. Saal readthelegal notice. The administrator discusses the history of the filing and reviews the work that is proposed under this filing. Mr. Lynch states that due to the unique character of the lot, there is no more mitigation that is possible beyond what has been proposed. The administrator and the commission members discuss the property. Mr. Napoli discusses the drainage easement and his findings during his site visit. The administrator states that plantings would not be effective on this property, the lawn is very limited in size. Mr. Saal that the commission needsto ensure thatthis deck is never enclosed. A motion to grant the waiver toallowaportionof thedeck and porous pavers for the proposed patioto be within the 50-foot No-Build zone is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. A motion to grant a negativedetermination#3 is made by Mr. Saal, seconded by Mr. Lynch. The commission continues discussion regarding the property and the issuance of the determination. Vote unanimous. Documents: ApplicationChecklist-Request for Determination of Applicability o WPA Form 1-Request for Determination of Applicabilityand associated o documents North Andover Conservation Commission Waiver Request Form o Mortgage Inspection Land dated 7/12/2010 o North Andover MIMAP dated 2/8/2013 o Topo Map dated 2/8/2013 o North Andover Wetlands Regulations Riverfront Area Map dated 6/2/2003 o Photo View of Deck proposed to remain o MA GIS NHESP Map dated 2/20/2013 o As-Built Grading Plan dated 7/6/2005 o Abbreviated Notice of Resource Area Delineation 242-1585, 0 Turnpike Street (Smolak) (ESS) (Request to cont. to 3/13/13) The Conservation Commission states the legal notice is deemed read. A motion to grant the request for a continuance to the March 13, 2013 meeting is made by Ms. Feltovic, seconded byMr. Lynch. Vote unanimous. Document: E/Mail from Greg Saab of ESS 70 Bailey Court, Haverhill, MA 01832, requesting o a continuance to 3/13/2013 meeting dated 2/27/13 Notice of Intent (NOI) 242-1580, 1018 Osgood Street (JFJ Holding, LLC) (Sanborn Head Associates) (cont. from 2/13/13) (Request to cont. to 3/13/13) A motion to grant the request for a continuance to March 13, 2013meetingis made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Document: E/Mail from Mark Gross of MHF Design Consultants, Inc. 44 Stiles Road, Suite o One, Salem, NH 03079requesting a continuance to 3/13/2013 meetingdated 2/7/2013 242-1578, 1193 Great Pond Road (Zaref) (Sanborn Head Associates) (cont. from 2/13/13) (Request to cont. to 3/13/13) Amotion to grant therequest for a continuance to March 13, 2013 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Document: E/Mail from Adam F. Braillard of Prince Lobel Tye LLP 100 Cambridge Street, o Suite 2200, Boston, MA 02114requesting a continuance to 3/13/2013 meeting dated 2/21/2013 242-1575, 88 Duncan Drive (Wiemann) (Arc Surveying & Engineering Associates) (cont. from 12/12/12) Matthew Tessierof Arc Surveying & Engineering Associates is present. The administrator statesthatthe applicant had received aLOMA from FEMA and the project is not in the floodplain and states that Natural Heritage has issued a letter of “no- take”. Mr. Tessier discusses the proposed project as well as the existing shed that needs to be moved. The administratorstatesthere is woodbox that has to be moved outside of 25-foot No- Disturbance zone and there is also brush dumping which must be removedandthe area cleaned up. Mr. Lynch discusses the shed and states that the shed needs to be moved out of the 50’ No-build or the commission may require the shed to be removed from the property. Mr. Lynch discusses the LOMA and the flood area as determined by FEMA. Mr. McDonough discusses the plan and the need to restore the 25’ No-disturb area and to monument the 25’with a stone wall or similar. Mr. Tessier discusses the cost of the stone wall and what else would be acceptable. The commission discusses the barrier needed to monument the 25’. Mr. Manzidiscusses therestoration of the 25-foot No-Disturbance zone. Mr. Lynch states the Conservation Easement hasto be in placeanda copy for the file. Mr. Tessier requests a continuance. A motion to grantthe request for a continuance totheMarch 13, 2013 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Voteunanimous. Documents: Letter from Federal Emergency Management of Map Amendment Determination o Document Removal dated 1/8/2013 Site Plan to Accompany Notice of Intent dated 11/21/2012 o 242-1582, 1049 Salem Street (Lot 70) (Hughes) (Merrimack EngineeringServices, Inc.) (cont. from 2/13/13) Mr. Manzi recuses himself from the meeting as an abutter. The applicant Gail J. Holleran, theapplicant’s Attorney DomenicJ. Scalise, Stephen E. Stapinski of Merrimack Engineering Services, Inc. and Douglas Ahern of 72 Main Street are present. DEP file 3’ 242-1582 & 242-1581 are discussed together. The administrator reviews the application and states that planning and zoning have seen the plan and the lot lines have been discussed. Mr. Stapinski states that lot 69 doesnot appear to have an issue and lot 70 exists as one lot owned by Ms. Holleran. Atty. Scalise discusses the history of the lots and how the plan that is on file with the planning board came about and what that means for the buildability. The commission discusses the sewer and proposed pump station. Mr. Saal asks about the small strip of unknown land. Mr. Scalise discusses the strip. The administrator discusses the differences in the map and lot according to the assessor’s office and what is shown on the plan. Mr. Napoli discusses that the commission should look at what is presented and that the applicant should continue until the issue is sorted out. The commission discusses the project and the issues with needing to sort out the lots. Mr. Stapinski reviews how the present plan came about. Mr. Lynch states that all applicable permits must be applied for. Mr. McDonough discusses the history of the merging of the lots with Atty. Scalise. Mr. Lynch states that he can see how lot 69 should be looked at as a separate lot from lot 70. The commission discusses the sewer connection issue with Mr. Stapinski and the 10’ strip of land that has an unknown owner. The commission discusses how to proceed, discussing the potential to approve lot 69 and continue lot 70. The commission discusses the need to have all bulkheads, egress stairs and any decks, etc required by any codes to be shown on the plan. The administrator asks about the need to dewater. Mr. Stapinski states that there is no need to dewater. Mr. Lynch, Mr. McDonough and Mr. Stapinski discuss the issue that no stairs are shown. Mr. Ahern states that he is anxious to close the hearing to get started on work. The commission discusses how to condition the order. A motion to grant the request for a continuance to the March 13, 2013 meeting is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Document: Site Plan of Land dated 12/12/2012, revisedSite Plan of Landdated 2/14/2013 o 242-1581, 1053 Salem Street (Lot 69) (Hughes) (Merrimack Engineering Services, Inc.) (cont. from 2/13/13) The applicant Gail J. Holleran of 175 Main Street, apt 12, The applicant Attorney at Law Domenic J. Scalise of 89 Main Street, Stephen E. Stapinski of Merrimack Engineering Services, Inc, and Douglas Ahern of 72 Main Street is present. Mr. Manzi recuses himself from the meeting as an abutter. See comments above for 242-1582 thisfiling discussed together with above filing. Amotion to close and issue a decision within 21 days is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Document: Site Plan of Land dated 12/12/2012,revised Site Plan of Land dated 2/14/2013 o Mr. Manzi returned to the meetingat: 8:30 PM 242-1584, 250 Clark Street (KEYW Corporation) (Flight Landata, Inc.) (Williams & Sparages) Chris Sparages of Williams & Sparages, Attorney Jill Mann of Mann & MannandBill Collins of the Lawrence Airport Commission arepresent. Mr. McDonough readsthe legal notice. Mr. Sparages states Mary Rimmer flagged the wetlands last August. The administrator states that she reviewed and confirmed the delineation prior to snowfall. Mr. Sparages reviews and discusses the proposed work in detail. Mr. Lynch states the area with pavement could cause sheet flowand over-topthe rain gardens. Mr. Sparages discusses thestormwater aspects of the project. The commission and Mr. Sparages discusses the history of the site and where the stormwater will flow if the rain garden over-tops. Mr. Manzi statesthatthere has been dumping of snow within the resource areas and this has to stop. Mr. Lynch states that the stormwater should be sent out for third party review. The administrator states this is out for stormwater review with the Planning Board with Eggleston Environmental. Ms. Feltovic asks where the propane tank will be moved to. Mr. Sparages states that it is not shown on the plan but will be added to the plan. Mr. McDonough asks about the parking and pavement areas and that they should ensure that no impervious is proposed within the 50’. Discussion of snow dumping too close to wetlands. Discussion of wetland markers. A motion to grant the request for a continuance to the March 13, 2013 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Notice of Intent o WPA Form 3-Notice of Intent and associated documents o Owner Authorization o Assignment of Lease o North Andover Wetlands Regulations Riverfront Area Map dated 6/2/2003 o Erosion & Sediment Control Plan o Planting Procedures Time of Planting o Operation & Maintenance Plandated 2/7/2013 o Snow DisposalGuidance dated 1/18/2013 o Comparative Drainage Analysis dated 2/7/2013 o Proposed Rain Garden 1 dated 2/7/2013 o Proposed Rain Garden 2 dated 2/7/2013 o Existing Condition Watershed Analysis dated 2/7/2013 o Web Soil Survey dated 2/17/2013 o Hydrologic Soil Group-Essex Essex County, Massachusetts, Northern Part dated o 1/17/2013 Soil Suitability Assessment for On-Site Sewage Disposal o Pollution Prevention Plan o Plan Showing Existing Conditions dated 2/17/2013 o Plan Showing Proposed Conditions dated 2/7/2013 o Layout Plan Showing Expansion of Flight Landata dated 2/7/2013 o 242-1583, 120 Holt Road (TBI, Inc.) (Green Seal Environmental, Inc) (Request to cont. to 3/13/13) The Conservation Commissionstateslegal noticeis deemed read. A motion to grant the request for a continuance to the March 13, 2013 meeting is made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous. Documents: E/Mail from William Thomson of TBI, Inc. requesting a continuance to April 10, 2012 meeting dated March26, 2013. Discussion-Forest Management Plan Input Meeting (date to be determined) The Conservation Commission willhold aPublicHearing on March 27, 2013 which will start at 6:00PM to 7:30 PM for the proposed Forest Management Plan on Osgood Hill andHalf Mile Hill. Decision 242-1581, 1053 Salem Street The administrator reviews the draft Order of Conditions. The commission discusses the drafted order and amends the order. The Commission accepts the Order of Conditions as drafted and amended. A motion to approvethe Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. A motion to adjourn the meeting at: 9:05PM is made by Mr. McDonough, seconded by Mr. Lynch Vote unanimous.