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HomeMy WebLinkAboutCCMeetingMinutes_03.13.13 Conservation Commission Meeting Minutes March 13, 2013 Members Present: Louis A. Napoli, Chairman, Joseph W. Lynch, Jr., Vice Chairman, Deborah A. Feltovic, John T. Mabon, Albert P. Manzi, Jr. Sean F. McDonough, Douglas W. Saal. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge, Conservation Secretary. Meeting came to Order at:7:01 PM Quorum Present. Approval of Minutes of 2/13/13 A motion to accept the meeting minutesof 2/13/13as drafted and reviewed is made by Mr. Lynch,seconded Ms. Feltovic. Vote unanimous. Public Hearings: 7:02 PM Abbreviated Notice of Resource Area Delineation 242-1585, 0 Turnpike Street (Smolak) (ESS) (cont.from 2/27/13) (Request to cont. to 3/27/13) A motion to grant the request for a continuance totheMarch 27, 2013 meeting is made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous. Documents: E/Mail from Greg Saab of ESS 70Bailey Court, Haverhill, MA 01832 requesting a continuance to March 27, 2013 dated 3/12/13. Notice of Intent (NOI) 242-1580, 1018 Osgood Street (JFJ Holding, LLC) (MHF Design Consultants, Inc) (cont. from 2/17/13) (Request to cont. to 3/27/13) Amotion to grant the requestfor a continuance to the March 27, 2013 meeting is made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous. Documents: E/Mail from Mark Gross of MHF Design Consultants, Inc. 44 Stiles Road, Suite one, Salem, NH 03079 requesting a continuance to March 27, 2013dated 3/11/13. 242-1578, 1193 Great Pond Road (Zaref) (Sanborn and Head Associates) (cont. from 2/27/13) (Request to cont. to 4/10/13) A motion to grant the request for a continuance totheApril 10, 2013 meeting is made by Ms. Feltovic,seconded by Mr. McDonough. Vote unanimous. Documents: E/Mail from Adam F. Braillard of Prince Lobel Tye, LLP, 100 Cambridge Street, Suite 2200, Boston, MA 02114 requesting a continuance to April 10, 2013, dated 3/7/13. 242-1572, 108 Campion Road (Montopoli) (Andover Consultants, Inc.) (cont. from 2/27/13) The administrator reviews the restoration proposal. The applicant Barbara Montopoli of 108 CampionRoadand James Fairweather of Andover Consultants, Inc.and Judy Wright,landscapearchitect,arepresent. Mr. Fairweather states the applicant receivedawatershed special permitfrom the Planning Board on February 2, 2013; appeal period over February 26, 2013. Mrs. Montopoli states the remaining white pine trees will not be cut down. Mr. Fairweatherstates that this is after the fact filing and he is not certianhow many trees were cut down originally. Mr. Mabon questions the Administrator if all of the plantings are native. Administrator states the Conservation Department gave the applicant a list of native plantings. Mr. Lynch discusses the plan for monumentation. Mr. Fairweather recommends low boulders to monument the area. Mr. Saal states the easement needs to remain passable and it appears some of the plantings could block the easement. Administrator states wetland makers could be put up onposts oron existing trees. Markers couldalso be affixed to the boulder wall. Mr. McDonough and Mr. Manzi want a dry set stone wall. There is discussion of what type of wall will be acceptable. The NACC agrees that a dry set stone wall is needed and that the Administrator should approve staked wall and planting locations prior to installation to prevent blocking easement. A motion to grant to close and issue a decision within 21 days is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Plan of Land dated 12/13/12, Landscape Architect Plan dated 11/12 Photos dated 10/22/12 242-1559, 40 Sugarcane Lane (LaGrasse) (Hancock Associates)(cont. from 2/27/13) The applicant Joseph and Lisa LaGrasse of 40 Sugarcane Lane and Joseph Peznola of Hancock Associates arepresent. Mr. Peznola presents the revised plan with the shed 46’ from the Ephemeral Pool Habitat. Mr. Peznola notes this is farther away than the driveway. Mr. Mabon states the goal was to get the shed outside the 50-foot No-disturb zone to the ephemeral pool. Mr. Peznola states this does not work because backing out of the garage would be tight to get by the shed. Mr. Napoli reiterates that the 50’ No-Disturb was conveyed to the applicant at the last meeting. Mrs. LaGrassestatesthe ramp of the shed is tooclose to the garage and thisdoes not work because the family cannot back out the garage. Mr. Lynch states the shed could get closer to the drive and out of the 50’ with the ramp toward the back yard. Mr. Saal and Ms. Feltovic agree the shed needs to be out of the 50’ No-Disturb Zone. Mr. Peznola presents a new plan showing the shed out of the 50’ No-Disturb Zone. Mr. LaGrasse states he is worried he will encounter boulders in this area. Mr. Peznola states some tree removal may be required if roots are damaged. There is discussion on the waiver. A motion to accept the waiver request for the 75-foot No-Buildzone from ephemeral/vernal pool is made by Mr. Lynch, seconded by Mr. Manzi. Vote unanimous. A motion to grant to close and issue a decision within 21 days is made by Mr. Lynch, seconded by Ms. Feltovic. Vote 6 to 1 (Mr. McDonough apposed) Documents: Letter from Hancock Associates dated 2/13/13 Notice of Intent Plan dated 7/6/12, revised Notice of IntentPlandated 1/29/13 242-1582, 1049 Salem Street (Lot 70) (Hughes) (Merrimack Engineering Services, Inc) (cont. from 2/27/13) Request tocont. to3/27/13) ( A motion to grant the request for a continuance to the March 27,2013meeting is made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous. Document: Letter from Johnson & Borenstein, LLC dated 2/28/13 242-1573, 88 Duncan Drive (Wiemann) (Arc Surveying & Engineering Associates) (cont. from 2/27/13) (Request to cont. to 3/27/13) A motion to grant the request for a continuance to the March 27, 2013 is made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous. Document: E/Mail from Timothy J. Meehan, P.L.S. President of Arc Surveying & Engineering Associates, Inc. 25 Fordham Way, Newbury, MA. 01951 requesting a continuance to March 27, 2013 dated 3/12/13 242-1586, 213 Carlton Lane (Fowler) (LJR Engineering, Inc.) Luke Roy of LJR Engineering, Inc. is present Mr. McDonough reads thelegal notice. Mr. Roy presents the plan showing a replacement septic system. The current system has failed. Mr. Mabon states stream runsoff property behind the inground pool.Mr. Mabon asks if it is perennial. Administrator states this project received a waiver thru Health Department because the septic system is within 100’ of wetland resource areas. Mr. Lynch asks if a holding tank will be used. Mr. Roy states the new tank will be installed and used until the new leaching fieldis in place. Mr. Lynch asks about stockpiling andaccess. Mr. Roy describes why the system must be located in the buffer zone (utilities). Final stabilization is discussed. Hay will be used on slopes if needed. Ms. Feltovic asks about the confirmatory test pits that are required by the Board of Health. Mr. Roy states they will be done. The Commission discusses having the as-built show the pool. The Commission discusses the location of wetland markers. A motion to grant to close and issue a decision within 21 days is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Notice of Intent WPA Form3-Notice of Intent USGS Locus Map dated 2/26/13 Wetland Fee Transmittal Form Copies of State and Local Checks Certified List of Abutter’s dated 2/19/13 Notification Form to Abutter’s Affidavit of Service Appendix Project Narrative Subsurface Septic Disposal System Replacement Plan dated 2/7/13 Photos dated 3/11/13 Google Earth dated 1995 242-1584, 250 Clark Street (KEYW Corporation) (Flight Data, Inc.) (Williams & Sparages) (cont. from 2/27/13) (Request to cont. to 3/27/13) A motion to grant the request for a continuance to the March 27, 2013 meeting is made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous. Document: Letter from Williams & Sparages requesting a continuance to March 27, 2013 meeting dated 3/13/13 242-1583, 120 Holt Road (TBI, Inc.) (Green Seal Environmental, Inc) (cont. from 2/27/13) The applicant William Thomson of 210Holt Road and Gary James of Green Seal Environmental, Inc. arepresent. Mr. James submittedanew Notice of Intent with plansat the meeting. Mr. James presents the project which is a ramp connecting the applicant’s two properties. There will be a retaining wall and it will be about 32’ from the BVW. There will also be a water quality swale and roof water will be infiltrated. The swale will remove 40% TSS. Mr. James states the applicant would also like toclean out the 36-inch culvert that the brook runs through.It is currently blocked with debris andnot draining properly. The Conservation Commission discusses the proposal to clean the culvert.More details are needed on how this will be done. Administrator states the site is very muddy. The NACC discusses improvements to the surface of the site. Mr. James states thearea behind the retaining wall will be returned to a natural state. Administrator states an alternative analysisneedsto be submitted because the work is being done in 50-foot No-Build zone. The commission discusses the purpose of the ramp. Ms. Feltovicstates debris on site needs to be removed. Mr. Thomson states some of the fill will be used and some will be removed. Mr. McDonough states a permanent barrier is required and would like to see alternatives for work inthe 50-foot No-Build zone. Mr. Saal states reviews the use of the yard (parking and equipment storage) and asks about the protection of the swale. Mr. Napoli says a project purpose is needed in the narrative. Mr. Manzi would like to see more information on the construction process. Mr. Lynchasks if test pits have been done. Mr. James states test pits will be done. The Commission discusses the need for peer review. Not at this point. Mr. Napoli asks for a filter strip at the swale. A motion to grant the request for a continuance to March 27, 2013meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent Project Description Work Description Locus Map NOI Wetland Fee Transmittal Form Copies ofState and Local Checks Stormwater Control Operations and Maintenance Plan Stormwater Checklist & Stormwater Calculations Drainage Calculations for 210 Holt Road Purpose Method Assumption Register Professional Engineer’s Certification dated 3/13/13 Existing Conditions Proposed Conditions Watershed Data catch basin No. 1 from Ramp Infiltration System Design Catch Basin No 2 Results Notification of Abutter’s Form Certified Abutter’s List dated 12/26/12 Proposed Grading Plan dated 1/9/13 Details Plandated 1/9/13 Photos dated 3/5/13 General Business: 8:45 PM 242-1544, Modification Request, 195 Bridle Path (Ercolini) (Merrimack Engineering Services, Inc.) The applicant Robert Ercolini of 195 Bridle Path is present. Administrator states the applicant would like cut down three trees one is in the 25-foot- Disturbance zone. Also the applicant would like to install porous pavers on top of the stone dust area where they park their cars. Mr. McDonough asks ifthis parking area within the 50-foot No-Build zone. Administrator states yes the porous paver parking area is within the 50-No-Build zone. Mr. Ercolini discusses the need to bring a crane in. A motion to grant the modification with conditionsallowing1dead tree in the 25’ No- Disturb zone and2more trees that are outside the No-Disturbzoneto be removedand to allow stone dust area of parking be replaced with porous paversis made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Robert Ercolini for Modification Request dated 2/7/13 Letter from Robert Ercolini for Modification Request dated 2/7/13 North Andover Conservation Commission Waiver Request Form dated 2/7/13 North Andover Conservation Commission Waiver Request Form dated 2/7/13 Photo tree 1 & 2 Photo tree 3 within the 25-foot No-Disturbance zone Plan of Land dated 2/7/13 ECO-Priora dated 3/13/13 Tech-Bloc permea pavers Photos dated 3/13/13 A motion to adjourn the meeting at: 9:00 PM is made by Mr. Manzi, seconded Mr. Lynch Vote unanimous.