HomeMy WebLinkAboutCCMeetingMinutes_04.24.13
Conservation Commission Meeting Minutes
April 24, 2013
Members Present:
Louis A. Napoli, Chairman; Joseph W. Lynch, Jr. Vice
Chairman; Deborah A. Feltovic; John T. Mabon; Sean F. McDonough (arrived at 8:05 p. m.);
Douglas W. Saal.
Member Absent
: Albert P. Manzi, Jr.
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: 7:35 PM Quorum Present.
Public Hearings: 7:36 PM
Approval of Minutes of 3/13/13 & 3/27/13
A motion to accept the meeting minutes of 3/13/13 and 3/27/13 as drafted and reviewed
is made by Mr. Lynch, seconded by Ms. Feltovic.
Vote unanimous.
Small Project
NACC# 106, 350 Summer Street (Alibrandi)
The applicant Nancy Alibrandi of 350 Summer Street is present.
The field inspector reviews the proposed patio work and removal of play area and states
that erosion control is needed before work starts as well as pre-construction and post-
construction site visits.
A motion to accept the filing as a small project 4.4.2 F &G is made by Mr. Mabon,
seconded by Ms. Feltovic.
Vote unanimous.
A motion to approve the project as proposed is made by Mr. Lynch, seconded by Mr.
Mabon.
Vote unanimous.
Documents:
Application Checklist-Small Project, Small Project Procedure, Project Narrative,
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Plan of Land dated 12/2/03
Request for Determination of Applicability
Near 440 Waverly Road (Massachusetts Electric Company) (Coneco Engineers &
Scientists Inc.)
Sergio Bonilla of Coneco Engineers & Scientist, Inc. is present.
Mr. Saal reads the legal notice.
Mr. Bonilla states this filing is for the installation of a new stub pole to support P.2092
and is associated with a utility pole maintenance project. The new stub pole will be
Ms. Feltovic asks how long the work will take.
Mr. Bonilla states about week to do the work in the Buffer Zone. All the other work is
outside the Buffer Zone.
Mr. Lynch asks if they have determined the locations of underground water lines and that
they should also call dig safe.
Mr. Mabon states the work is within the roadway easement at 440 Waverly Road and the
wetlands are 80-feet away from this project this is fine.
A motion to issue a negative determination #3 is made by Ms. Feltovic, seconded by Mr.
Lynch.
Vote unanimous.
Documents:
Application Checklist-Request for Determination of Applicability, WPA Form 1-
o
Request for Determination of Applicability and associated documents, Photo 1
dated Fall 2012, Photo 2 dated 3/25/13, Firm Flooding Insurance Rate Map
6/2/1993, Resource Area Map showing proposed erosion controls.
Notice of Intent (NOI)
242-1582, 1049 Salem Street (Lot 70) (Hughes) (Merrimack Engineering Services, Inc.)
(cont. from 3/27/13) (Request to cont. to 5/29/13)
A motion to grant the request for a continuance to the May 29, 2013 meeting is made by
Ms. Feltovic, seconded by Mr. Lynch.
Vote unanimous.
Document:
E/Mail from Doug Ahern requesting a continuance to May 29, 2013 meeting
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dated 4/22/13
242-1589, 1077 Osgood Street (Angus Realty Corporation) (Lynnfield Engineering,
Inc) (cont. from 3/27/13) (Request to cont. to 5/8/13)
A motion to grant the request for a continuance to the May 8, 2013 meeting is made by
Ms. Feltovic, seconded by Mr. Mabon.
Vote unanimous.
Document:
E/Mail from Richard Barthelmes of Lynnfield Engineering, Inc. requesting a
o
continuance to May 8, 2013 dated 4/22/13
242-1590, Great Pond Road (Map 3/Parcel 38) (Sciuto) (Christiansen & Sergi, Inc.)
(cont. from 4/10/13) (Request to cont. to 5/8/13)
A motion to grant the request for a continuance to the May 8, 2013 meeting is made by
Ms. Feltovic, seconded by Mr. Mabon.
Vote unanimous.
Document:
E/Mail from Lois Christiansen of Christiansen & Sergi, Inc. requesting a
o
continuance to May 8, 2013 meeting dated 4/23/13
242-1588, 464 Appleton Street (Carroll) (Christiansen & Sergi, Inc.) (cont.
from 4/10/13) (Request to cont. to 5/8/13)
A motion to grant the request for a continuance to the May 8, 2013 meeting is made by
Ms. Feltovic, seconded by Mr. Mabon.
Vote unanimous.
Document:
E/Mail from Lois Christiansen of Christiansen & Sergi, Inc. requesting a
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continuance to May 8, 2013 meeting date 4/24/13
242-1592, Pleasant Street (North Andover Division of Public Works) (Aquatic Control
Technology)
The Applicant Bruce Thibodeau of North Andover Division of Public Works, Ericka
Haug, of Aquatic Control Technology, Keith Gazaille of Aquatic Control Technology,
and Abutter William J. Harron of 49 Millpond are present.
Ms. Feltovic reads the legal notice.
plan to address the issue.
Mr. Mabon asks about the protocols with other towns that have treated.
Ms. Haug states that the first treatment is to bind the phosphorous and the second is to
kill the algae.
Mr. Gazaille discusses how much treatment to use and about sampling to know when
adequate treatment is reached. He states that the first treatment would likely be towards
the end of May.
Mr. Lynch asks if previous hydro-raking could have made the algae problem worse and
also asks if this could start a problem in Lake Cochichewick.
Mr. Gazaille states that the answer to both is not likely.
The commission continues discussion about the proposed treatment.
flushing the pond but that could endanger the water level in Lake Cochichewick and that
could endanger the water supply.
Ms. Feltovic asks when they will know if they need to re-treat.
Ms. Haug states that the pond will be monitored and if additional treatment is needed it
will be done.
Mr. McDonough asks if they will notify the abutters when they are going to treat.
Ms. Haug states that they will if required to do so.
Ms. Feltovic asks if the public will be able to swim in the pond soon after treatment.
Ms. Haug states yes.
Mr. Napoli asks about future considerations.
Ms. Haug states that fan wart plants have been observed and they will seek prior approval
before any treatment.
A motion to close the public hearing and issue a decision within 21 days is made by Mr.
Lynch, seconded by Ms. Feltovic.
Vote unanimous.
Documents:
Application Checklist-Notice of Intent, WPA Form 3-Notice of Intent and
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associated documents, , Proposed Aquatic
Management Program, Water Quality, Management of Nuisance Aquatic
Vegetation Species, Future Considerations, Impacts of the Proposed Management
Plan Specific to the Wetland Protection Act, Alternative Methods of Control,
-Wildlife Habitat Evaluation, Control Algae & Excess Vegetation in
Lakes, Lake Enhancement, Seclear Algaecide, nt
Survey Report dated February 2013, General Pond Description, Summary of
Water Quality Sample Results for 2012, Management options &
Recommendations, Watershed Management, Source Control, Recommended 2013
Program, Early-season low dose aluminum sulfated treatment, Periodic SeClear
treatments, Season-long Sampling and Monitoring, Install a fragment barrier
between the retention pond and Stevens Pond, Locus Map dated 11/28/12, Water
Quality Sample Site Location dated 11/20/12
242-1593, 16 Berry Street (North Andover Holdings, LLC) (LEC Environmental
Consultants, Inc.)
The applicant Eric Loth of North Andover Holdings, LLC; Matthew Bombaci of GPR,
Inc.; Cal Goldsmith of GPR, Inc. and Ann M. Marton of LEC Environmental
Consultants, Inc. are present.
AbutterThomas E. Perry & Elizabeth J. Perry of 303 Berry Street; Nancy L. Smith of
75 Windsor Lane; Patrick R. Lavery of 259 Campbell Road and Sean M. Dunn of 325
Berry Street are present.
Mr. McDonough reads the legal notice.
Ms. Marton presents and overview of the project. She discusses the FEMA re-mapping
comments from NHESP. She also states that they are seeking to widen Berry Street to
treet.
Mr. Bombaci presents the stormwater aspects of the project.
Ms. Marton discusses the wetland fill and replication and reviews the plants and
topography.
Mr. Napoli states that this is a 40B project filing which is controlled by Zoning Board of
Appeals and states that the Conservation Commission will only hear concerns that are
related to the wetland resource areas on the property.
Abutter Tom Perry states that he is concerned about increased traffic on Berry Street.
Mr. Napoli states that the commission is limited to wetland related issues only.
Mr. Lynch states that wetland concerns could come into play if Berry Street is proposed
to be widened further down.
The commission discusses the stormwater aspects of the project.
Mr. McDonough asks what efforts were put into avoiding the wetlands.
Mr. Lynch asks about habitat enhancements.
Ms. Marton states there is conservation restriction on the property already.
Mr. McDonough states there should be no structures within the 50-foot No-Build zone.
Mr. Mabon states that an alternatives analysis needs to be submitted for pavement within
the 50-foot No-Build zone.
Habitat enhancements are discussed.
Abutter Patrick Lavery of 259 Campbell Road states that he soils are very complex and
that Natural Heritage has placed restrictions on where they can build. He mentions the
stonewall plaza and the stormwater aspects.
Abutter Sean Dunn of 325 Berry Street discusses his concerns.
Mr. Bombaci states that stormwater test pits have been done.
Mr. McDonough asks about any contaminated soil that may be on the site.
Mr. Goldsmith states that the owners did a 21E prior to the sale.
The administrator states that she will ask for a copy of the 21E report.
The applicant requests to continue.
A motion to grant the request for a continuance to May 29, 2013 meeting is made by Mr.
Lynch, seconded by Ms. Feltovic.
Documents:
Application Checklist-Notice of Intent, WPA From 3-Notice of Intent and
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associated documents, , Massachusetts
Natural Heritage & Endangered Species Program Designation, Stormwater
Management, Erosion and Sediment Control, Literature Cited, Flood Insurance
Rate Map dated 7/3/12, MAGIS Orthophoto dated 4/12/13, Web Soil Survey dated
4/9/13, Federal Emergency Management Agency dated 2/23/2006 LOMA
determination Document (Removal), Division of Fisheries & wildlife recorded
2/7/2012, Conservation Restriction Plan of Land dated 1/6/12, Hydrologic and
Hydraulic Computation Methodology, Compliance with Stormwater Management
Standards, Checklist for Stormwater Report, Long Term Pollution Prevention &
Stormwater System Operation and Maintenance Plan, Multi-Family Residential
Development Comprehensive Permit Plans Title Sheet dated 3/26/13, Existing
Conditions & Demolition Plan dated 3/26/13, Site Layout & Utilities Plan dated
3/26/13, Grading, Drainage & Paving Plan dated 3/26/13, Erosion & Sediment
Control Plan dated 3/26/13, Construction Details Plan dated 3/26/13, Buffer
Zone Restoration Plan dated 3/26/13, Recreation Pathway Plan & Details dated
3/26/13.
242-1576, 95 Thistle Road (Sullivan) (Norse Environmental Services, Inc.) (cont. from
2/13/13)
The applicants William & Regina Sullivan are present.
The administrator discusses the history of the proposed project.
Mr. Sullivan presents the current plan and submits a landscape plan at the meeting.
Mr. Lynch states that the plan appears to do what was required.
Mr. McDonough -Build to the
ephemeral pool habitat.
The administrator states that waivers have been given to 109 Nutmeg Lane and 22 Thistle
Road for similar circumstances.
Mr. Saal asks why the fence goes so far into the buffer zone.
enough area for there to be some yard and for the dog to get into the shade.
Mr. Lynch discusses the waiver request.
Ms. Sullivan states that the fence can be moved.
pool.
The commission discusses the fence with the applicants.
A motion to grant the waiver request is made by Mr. Lynch, seconded by Ms. Feltovic.
Vote 5 to 1 (Mr. McDonough opposed)
A motion to grant the request for a continuance to May 8, 2013 meeting is made by Mr.
Mabon, seconded by Ms. Feltovic.
Vote unanimous.
Documents:
Letter from Norse Environmental Services, Inc. dated 4/17/13, Proposed
o
Swimming Pool Plan revised 4/17/13, Planting plan received 4/24/13.
242-1580, 1018 Osgood Street (JFJ Holding, LLC) (MHF Design Consultants, Inc.)
(cont. from 4/10/13)
Mr. Napoli recuses himself as an abutter.
Mark Gross of MHF Design Consultants, Inc. is present.
The administrator presents the final changes to the project.
A motion to close and issue a decision within 21 days is made by Mr. McDonough,
seconded by Ms. Feltovic.
Vote unanimous.
Documents:
Letter from MHF Design Consultants, Inc. revised dated 4/19/13, Plan from Lane
o
Enterprise, Inc. for the sand filter revised dated 4/11/13.
242-1584, 250 Clark Street (KEYW Corporation) (Flight Data, Inc.) (Williams &
Sparages) (cont. from 4/10/13)
Mr. Napoli returns to the meeting.
Chris Sparages of Williams & Sparages is present.
The administrator discusses the plan.
Mr. Sparages briefly reviews the project and states that there will be no refueling and no
deicing of planes on the lease property.
A motion to close and issue a decision within 21 days is made by Mr. McDonough,
seconded by Ms. Feltovic.
Vote unanimous.
Documents:
Letter from Williams & Sparages including O & M Plan dated 4/17/13, Layout
o
Plan revised 4/16/13,Site Plan revised dated 4/16/13, Site Plan Details revised
4/16/13.
242-1591, 110 Sutton Street (Douglas Mund Design Group) (DGT Survey Group-North
Shore) (cont. from 4/10/13)
Scott Cameron of The Neve-Morin Group, Inc. is present
The administrator states that Natural Heritage issued a no-take letter and a copy has been
received.
A motion to grant the waiver request is made by Mr. Lynch, seconded by Ms. Feltovic.
Vote unanimous.
A motion to close and issue a decision within 21 days is made by Mr. Lynch, seconded
by Ms. Feltovic.
Vote unanimous.
Documents:
Letter from Division of Fisheries & Wildlife dated 4/14/13, The Neve-Morin
o
Group, Inc., Project Report Drainage Analysis & Riverfront Area Narrative
dated 3/6/13, Site Improvement Plan revised dated 4/4/13.
General Business: 9:45 PM
24201315, COC Request, 85 Ogunquit Road (Lot 6) (Breen) (The Neve-Morin Group,
Inc.) (Request to cont. to 5/8/13)
A motion to grant the request for a continuance to May 8, 2013 meeting is made by Mr.
McDonough, seconded by Ms. Feltovic.
Vote unanimous.
Document:
Fax received 4/23/13 from Peter Breen requesting continuance.
o
242-1526, 285 Holt Road (Wheelabrator Technology, Inc.) (MHF Design Consultants,
Inc.)
Mark Gross of MHF Design Consultants, Inc. is present.
The administrator reviews briefly and shows the commission the photos.
A motion to issue the COC is made by Mr. Mabon, seconded by Ms. Feltovic.
Vote unanimous.
Documents:
Letter from MHF Design Consultants, Inc. dated 4/9/13, WPA From 8A-Request
o
,
for Certificate of Compliance dated 8/11/13.
242-242-1577, Modification Request, 78 Great Pond Road (Zahoruiko)
Thomas D. Zahoruiko of TLD, LLC is present.
Mr. Zahoruiko states the house the house was built farther away from the resource areas
and states that he would like to add a deck rear of the house and eliminate the patio that
was proposed on the original plan. The modification plan also shows and a/c pad to
south of the house and a proposed stone retaining wall to the rear of the house and beside
the driveway. He states that the net results are the house is further from wetland and
there is a reduction in impervious surface in jurisdictional areas of approximately 836 s. f.
which is approximately 25%.
Mr. Mabon states the commission expects better notification of changes.
A motion to grant the modification request is made by Mr. Mabon, seconded by Ms.
Feltovic.
Vote unanimous.
Documents:
Letter from TLD, LLC dated 4/15/13, List of changes dated 4/15/13, Plan dated
o
4/15/13.
242-1428, Modification Request, Lot 4N-A Turnpike Street (One Hundred Fourteen
Trust) (Patrick C. Garner of Garner Company, Inc.)
The applicant Pribhu Hingorani of One Hundred Fourteen Trust; Patrick C. Garner of
Garner Company, Inc. and Timothy Barlow the Builder are present.
The administrator presents the proposed modifications.
Mr. Garner discusses the proposed changes and that an email was received from
Eggleston Environmental stating that the changes are okay. He states that the changes
are to reduce the size of several units, add side entrances onto some units, move/rotate
some of the infiltrators and add propane tanks some of which will be very close to the
wetlands. New stamped plans are submitted at the meeting.
The commission discusses the changes and asks for the propane tanks to be moved
further from the wetlands.
Mr. Lynch states that this needs to be reviewed by the Conservation Commission more
closely due to the high ground water and that the tanks may need to be anchored in the
ground.
The applicant requests a continuance.
A motion to grant the request for a continuance to May 8, 2013 meeting is made by Mr.
McDonough, seconded by Mr. Mabon.
Vote unanimous.
Documents:
Revised plan submitted at the meeting dated ????
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Decisions
242-1583, 120 Holt Road
The administrator reviews the draft Order of Conditions.
The commission amends the order.
A motion to issue the Order of Conditions as amended is made by Mr. Lynch, seconded
by Ms. Feltovic.
Vote unanimous.
242-1580, 1018 Osgood Street
The administrator reviews the draft Order of Conditions.
A motion to issue the Order of Conditions as drafted is made by Mr. McDonough,
seconded by Ms. Feltovic.
Vote unanimous.
24201591, 110 Sutton Street
The administrator reviews the drafted Order of Conditions.
The Commission amends the order.
A motion to issue the Order of Conditions as amended is made by Mr. Lynch, seconded
by Ms. Feltovic.
Vote unanimous.
242-1584, 250 Clark Street
The administrator reviews the drafted Order of Conditions.
The Commission amends the order.
A motion to issue the Order of Conditions as amended is made by Mr. McDonough,
seconded by Ms. Feltovic.
Vote unanimous.
A motion to adjourn the meeting at: 10:40 PM is made by Mr. Lynch, seconded by Ms.
Feltovic
Vote unanimous