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HomeMy WebLinkAboutCCMeetingMinutes_03.27.13 Conservation Commission Meeting Minutes March 27, 2013 Members Present: Louis A. Napoli, Chairman;Joseph W. Lynch, Jr., Vice Chairman;Deborah A. Feltovic; Albert P. Manzi, Jr.;Douglas Saal. Member Absent: Sean F. McDonough;John T. Mabon. Staff Members Present: Jennifer A. Hughes, Conservation Administrator;Donna M. Wedge, Conservation Secretary;Heidi M. Gaffney, Conservation Field Inspector. Pledge of Allegiance Meetingcame to Order at: 7:35 PM Quorum Present. Public Hearings: 7:36 PM Mr. Lynch clarifiesthat the Conservation Commission meeting had a late start time of 7:30pm because the members werein anotherConference Room for the public session on the Forest Management Plan andthe main meeting roomwas in use by the selectmen. Approval of Minutes 2/27/13 A motion to accept the meeting minutes of 2/27/13 as drafted and reviewed is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Town Meeting Article Review The applicant of the warrant,Bruce D. Thibodeau of the Division of Public Works,is present. Mr. Thibodeau statesthatthe sewer pumping station on Great Pond Roadnear Rea’s Pond is indire need of upgrading.He discusses that the town will need an easement and that the pump station will move into the easement which will also move it further from the wetlands. Mr. Thibodeau states that one article will be for the easement on the land and the second article will be to go to the legislature to get permission to do the pump station. Mr. Lynch states that this is a net improvementand that he is insupport of the project. A motion that theConservation Commissionissues its favorablesupport for Article 1and that the Chairman or his designee makethat recommendation from the floor of Town Meeting if necessaryis made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. A motion that theConservation Commissionvote to favorably recommend the warrant article requesting special legislation and to authorize the Chairman or his designee to make that recommendation from the floor atTown Meetingif necessary is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Warrant Article Taking by Eminent Domain Rea’s Pond/Great Pond Road Pump o Station Plan dated March8,2013by Merrill Associates, Inc. Warrant Article Special Legislation Rea’s Pond/ Great Pond Road Pump Station o Plan dated March 2013 by Wooden & Curran o Request of Determination of Applicability Farnsworth Reservation off South Bradford Street (Essex County Greenbelt Associates, Inc) The applicant David RimmerandDanielle Christopher of Essex County Greenbelt Associationis present. Mr. Manzi is an abutter to this project and sat in the audience. Legal Notice deemed read,no abutter’s present. Mr. Rimmer discusses theproperty and theproposed bog bridge. Mr. Lynch asks if the bog bridgewould float if the water level were high during a storm event and if it shouldbe chained down. The administrator states that this area is very wellvegetated and she doesnot think the bog bridge would be able to float away. Ms. Feltovic askshow long the project will take to be completed. Mr. Rimmer states thatwith the volunteers helping this would probably take 1 day to do this work. The workwould probably be done in May or June. Mr. Rimmer discusses the waiver requests, stating that one is for the plan requirements and the other is for the setbacks to a vernal pool. Mr. Lynch states that he is an advocate of inviting the public on public land and then he asks how close they will be to the vernal pool. Mr. Rimmer states that they will be approximately 50’ from the vernal pool. Mr. Rimmer discusses that the boardwalk will be sleepers on the groundand that the boardwalk itself will be 6”-12” above the ground. A motion to grant the waivers for the plan requirementsand the 75-foot setback from the vernal pool is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. A motion to grant a negative determinationis made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability o WPA Form 1-Request for Determination of Applicabilityand associated o documents USGS Topographic Locus Map dated March 2013 o Proposed Farnsworth Trail and Boardwalk dated March 2013 o Exhibit Photo of Bog Bridge dated March 2013 o North Andover Conservation Commission Waiver Request 3.1 EphemeralPools o North Andover Conservation Commission Waiver Request 4.1 Plan Requirements o Certified Abutter’s List dated 3/19/13 o Notification form to Abutter’s o Copy of Town Check o Photos dated 3/27/13 o Abbreviated Notice of Resource Area Delineation 242-1585, 0 Turnpike Street (Smolak) (ESS) (cont. from 3/13/13) (Request to cont. to 4/10/13) A motion to grant the request for a continuance to April 10, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: E/Mail from Greg Saab of ESS 70 Bailey Court, Haverhill, MA 01832 requesting o a continuance to 4/10/13 meeting dated 3/25/13 Notice of Intent (NOI) 242-1587, 20 Anvil Circle (Amin) (Basbanes Wetland Consulting) Leah Basbanes of Basbanes Wetland Consulting is present. Mr. Saal readsthe legal notice. Ms. Basbanes presents the NOI and discusses the work and statesthat the posts will be cut flush with the ground as previously required by the commission. Ms. Feltovic states wetland markersneed to beinstalled on the fenceafter it is relocated. A motion to close and issue a decision within 21 days is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Notice of Intent o WPA Form 3-Notice of Intent and associated documents o Oliver MAGIS online Mapping Tool o Letter from Basbanes Wetland Consulting dated 12/6/12 o DEP Bordering Vegetated Wetland Delineation Field Data Form o Letter from Basbanes Wetland Consulting dated 1/16/13 o Restoration Plan dated 1/16/13 o North Andover Conservation Commission Waiver Request form dated 3/11/13 o Existing Conditions Plan dated 12/5/12 o Photos dated11/13/12 o 242-1580, 1018 Osgood Street (JFJ Holding, LLC) (MHF Design Consultants, Inc) (cont. from 3/13/13) (Request to cont. to 4/10/13) A motion to grant the request for a continuance to April 10, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: E/Mail from Mark Gross of MHF Design Consultants, Inc. 44 Stiles Road, Suite1 o Salem, NH 03079 requesting a continuance to April 10, 2013 meeting dated o 3/21/13. 242-1573, 88 Duncan Drive (Wiemann) (Arc Surveying & Engineering Associates) (cont. from 3/13/13) Matthew Terrier of ARC Surveying & Engineering Associates is present. Mr. Terrier discusses the revised plan and states that the applicant feels that the 25’ No disturb zone is too restrictive for this property, giventhat the lot pre-dates the Bylaw. Mr. Lynch states that the proposed addition gives the commission the right to ask for the 25’ no disturb to be protected and that a stonewallwould haveto be placed along the 25- foot No-Disturbance zone. Amotion to closethe public hearingand issue a decision within 21 days is made by Mr. Lynch, seconded by Ms. Feltovic. Documents: Site Plan to Accompany Notice of Intent dated 11/12/12, revised 3/8/13. o Revised plan submitted at meetingdated 3/26/13 o 242-1584, 250 Clark Street (KEYW Corporation) (Flight Data, Inc.)(Williams & Sparages) (cont. from 3/13/13) Chris Sparages of Williams & Sparages is present. The administrator briefly discusses the project. Mr. Sparages discusses the review by Eggleston Environmental andstates that an updated letter and revised plans are being designed forthe next meeting. Amotion to grant the request for continuance to April 10, 2013 meeting is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Pictometry Online Aerial Photos from 2001dated 1/30/2013 o Pictometry Online Aerial Photos from2003 dated 1/30/12013 o Pictometry Online Aerial Photos from 2007 dated 1/30/10213 o Pictometry Online Aerial Photos from 2012 dated 1/30/2013 o Letter from Eggleston Environmental dated 3/13/13 o 242-1582, 1049 Salem Street (Lot 70) (Hughes) (Merrimack Engineering Services, Inc) (cont. from 3/13/13) (Request to cont. to 4/24/13) A motion to grant the request for a continuance to April 24, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: Fax from Jeffco, Inc. requesting a continuance to April 24, 2013 meeting fax o dated 3/12/13 242-1583, 120 Holt Road (TBI, Inc.) (Green Seal Environmental, Inc) (cont. from 3/13/13) (Request to cont. to 4/10/13) Amotion to grant the request for a continuance to April 10, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: E/Mail from William Thomsonof TBI, Inc. 210 Holt Roadrequesting a o continuance to April 10, 2013 meetingdated 3/27/13 242-1591, 110 Sutton Street (Douglas Mund Design Group) (DGT Survey Group-North Shore) Douglas Mund of Douglas Mund Design Group, and Phil Yetman of DGT Survey Group- North Shore, and RobertC.& Kelli Carberry of KLC Realty Trust, and ScottP. Cameron of The Neve-Morin Group, Inc. is present. Mr. Saal readsthe legal notice. Mr. Mund discusses the project. Mr. Cameron discusses the proposed work and discusses the drainage improvements. He states that there is a net reduction of pavement and the work that is triggering the need for the improvements is actually out of jurisdiction.He states that Eggleston Environmental has reviewed the proposal and is okay with the plan. Mr. Cameron reviews the stormwater aspects and discusses the TSS and other items. Mr. Lynch states that the consultant clearly understands the stormwater regulations and that he feels that the project is a net benefit. The administrator states that this is being reviewed by Natural Heritageandthey have 30 days to review projects. Mr. Manzi states that Eggleston Environmental’s letter is affirmation that this project will be an improvement. A motion to grant the request for a continuance to April 10, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Documents: Application Checklist-Notice of Intent o WPA Form 3-Notice of Intentand associated documents o North Andover Conservation Commission Waiver Request Form dated 3/20/13 o NHESP Estimated Habitats of Rare Wildlife o Photos dated 1/14/2013 o Certified Abutter’s List dated 3/12/13 o Project Report Drainage Analysis & Riverfront Narrative o Hydrologic Analysis o Drainage System (Stormwater Best Management Practices) o Alternative Analysis o Alternative 1: Perform no work in the Riverfront Area o Alternative 2: Remove pavement within 100’ buffer to bank to restore a vegetated o buffer Letter from Eggleston Environmental dated 3/15/13 o North Andover Wetlands Regulations Riverfront Area Map dated 6/2/03 o Site Improvement Plan sheets 1 of 4 dated 3/6/13doneby DGT Survey Group- o North Shore 242-1588, 464 Appleton Street (Carroll) (Christiansen & Sergi, Inc) Philip Christiansen ofChristiansen & Sergi, Inc., Abutter’sPaul Dinario of 10 Keys Wayand Kathleen A. Santoro of 198 Abbott Street are present. Mr. Saal readsthe legal Notice. Mr. Christiansen presents the proposed 6-lot subdivision project. He states that approximately 16 acres will be left for open space and that the pavement has been reduced to 24’ wide for the roadway. Mr. Christianreviews the access, wetlands and stormwater aspects of the plan and discusses the impacts to the buffer zone. Mr. Manzi statesthatthe wetland area across the street should be included in this filing. Mr. Manzi states that anAlternativesAnalysis needs to be submitted with this filing. The administrator discusses disturbed versus degraded as defined by the DEP under the Riverfront regulations. The administrator looks up the Riverfront language on the IPAD and gives it to Mr. Lynch to review. The administrator states that a portion of Riverfront and BVW which is off-property is not shown on the plan. Mr. Lynch reads the state regulations regarding redevelopment and the definition of degradation. The commission discusses the need for a better Alternatives Analysis with Mr. Christiansen. The administrator discusses that phasing and not clear-cutting should be in the SWPPP. The commission discusses the maintenance of the stormwater structures and any necessary easements. Ms. Feltovicasks ifthere will bedeed restrictionsput on Lot 3 & Lot 4for the infiltration. Mr. Christiansen replies yes. The administrator states that although the houses are outside of jurisdiction, the sized of them are important for the stormwater calculations. Mr. Lynch discusses the sizes of the house. The administrator states that wetland markers will be required at the 25’ and that no-snow storage and no-snow stockpiling signs will be needed at the detention areas. Abutter Paul Dinario of 10 Keys Way askshow big the houses aregoing to be. Mr. Christiansen states they would be the same size like theyarebuilding on Molly Towne Roadand will belarge houses. A motion to grant the request for a continuance to April 10, 2013 meeting is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Notice of Intent o WPA Form 3-Notice of Intent and associated documents o Alternatives to the Proposed Work o Copy ORAD 242-1556 o Letter from Christiansen & Sergi, Inc. Construction Sequence dated 1/10/13 o Certified Abutter’s List dated 1/14/13 o Work in Riverfront Area for Regency Place Plan dated 3/13/13 o Stormwater Management Report o Hydrologic Analysis o Regency Place Pollution and Operations and Maintenance Plan revised dated o 3/12/13 Operation and Maintenance Log Form dated1/10/13 o Site Grading Plan dated 1/10/13, revised 3/12/13 Sheets 7 of 12 o Letter from Eggleston Environmental dated 3/27/13 o Philip Christiansen presented Photos to the Conservation Commission at the o meeting 242-1589, 1077 Osgood Street (Angus Realty Corporation) (Lynnfield Engineering, Inc) Richard Barthelmes of Lynnfield Engineering, Inc. is present. Mr. Manzi readsthe legal notice. Mr. Barthelmes presents the project and states that this is for a bank proposed at the Butcher Boy plaza. Mr. Barthelmesstates the applicant filed with the Planning Board for the meeting on April 16, 2013. The administrator states that the wetland line has not yet been reviewed due to snow cover and that Eggleston Environmental has not reviewed the filing yet. Mr. Barthelmes discusses the stormwater aspects and snow removal stating that snow will be removed from the site after each snow event, there will be no snow storage on the site. A motion to grant the request for acontinuance to April 24, 2013meeting is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Notice of Intent o WPA Form 3-Notice of Intent and associated documents o General Information o List of Drawings o NOI Wetland Fee Transmittal Form o Report to Accompany Notice of Intent o Introduction o Figure No. 1 Locus Plan dated July 2012 o WPA Form 5-Order of Conditions Previously Proposed Parking Lot Area 242-1391 o Zoning Board of Appeals Decision dated January 8, 2013 o Wetland Delineation Report prepared by LEC Environmental Consultants, Inc. o Pollution Prevention Plan o Stormwater Analysis and Calculations o CDS (Contech) TARP Report o Letter from State of New Jersey o Existing Watershed Plan dated 3/15/13 o Proposed Watershed Plan dated 3/15/13 o Inspection and Maintenance Plan dated 3/15/13 o Sedimentation Control Plan dated 3/15/13 o Site Grading and Utility Plan dated 3/15/13 o Stormwater Inspection Report Form And Site Inspection Checklist o Emergency Response Plan dated 3/15/13 o Plot Plan of Land dated 3/15/13 o Existing Conditions Plan dated 3/15/13 o Erosion and Sedimentation Control Plan dated 3/15/13 o Site Layout Plan dated 3/15/13 o Site Grading Drainage and Utility Plan dated 3/15/13 o Landscape Plan dated 3/15/13 o Site Details dated 3/15/13 o Exterior Elevation 1/7/13 o Site Lighting Plan dated 3/15/13 o Site Lighting Photometric Plan dated 3/15/13 o General Business 9:25 PM 242-1428, Modification Request, Lot 4N-A Turnpike Street (One Hundred Fourteen Trust) (Patrick C. Garner of Garner Company, Inc) The applicant Pribhu Hingoraniof One Hundred Fourteen Trust and Patrick C. Garner of Garner Company, Inc., and Builder Timothy Barlow arepresent. The administrator statesthat thechairman and vice chairman met with the applicantlate last week. Mr. Garner presents the proposed modification. He states that a fire box needs to be added to unit three and that the entrance needs to be relocated for unit three. Unit A1, the frost wall was not installed correctly and they need a retaining wall to correct it. Mr. Barlow states that KanayoLala, engineer, came up with a revised plan that will address the frost wall. Mr. Barlow submits a detail showing the proposed wall. Mr. Napoli statesthatthe fire boxes are only small cement pad. A motion to grant the modification as presented is madeby Mr. Lynch, seconded by Mr. Manzi. Vote unanimous. Documents: Letter from Patrick C. Garner of Garner Company, Inc. dated 3/11/13 o Proposed A-1 Modification Detail of Proposed Side Entrance dated 3/27/13 o Decisions 242-1559, 40 Sugarcane Lane The administrator reviews the draftedOrder of Conditions. The Commission accepts Order of Conditions as drafted. A motionto issuethe Order of Conditions as drafted is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. 242-1572, 108 Campion Road The administrator reviews the drafted Order of Conditions. The Commission accepts Order of Conditions as drafted and amended. A motion to issuethe Order of Conditions asdrafted andamended is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. 242-1573, 88 Duncan Drive The administrator reviews the drafted Order of Conditions. The Commission accepts Order of Conditions as amended. A motion issuethe Order of Conditions asdrafted andamended is made by Mr. Manzi, seconded by Ms. Feltovic. Voteunanimous. 242-1586, 213 Carlton Lane The administrator reviews the drafted Order of Conditions. The Commission accepts the Order of Conditions as drafted. A motion to issuethe Order of Conditions as drafted is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. A motion to adjourn the meeting at: 9:45 PM is made by Mr. Manzi, seconded by Ms. Feltovic Vote unanimous.