HomeMy WebLinkAboutCCMeetingMinutes_08.14.13
Conservation Commission Meeting Minutes
August 14, 2013
Members Present:
Louis A. Napoli, Chairman, Deborah A. Feltovic, Sean F. McDonough,
Douglas W. Saal.
Members Absent:
Joseph W. Lynch, Jr., Vice Chairman, John T. Mabon,
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: 7:10 PM Quorum Present.
Approval of Minutes of 7/10/13
A motion to accept the meeting minutes of 7/10/13 as drafted and reviewed is made by
Ms. Feltovic, seconded by Mr. Saal.
Vote unanimous.
Public Meeting: 7:11 PM
NACC# 115, 1160 Great Pond Road (Brooks School) (Landscaping Project)
The Administrator circulates aerial photos of the site.
Brian Palm of Brooks School presents the project.
Mr. Palm states there were several red pine trees and white pine trees that died and
several have already been removed when they were blown over. The school would like to
stump all of the trees that were removed. The School would be planting 3-5 deciduous
trees in this area. Work is approximately 85-feet from resource areas which is
characterized as an intermittent stream/drainage ditch with associated BVW.
Ms. Feltovic asks about the species of trees to be planted.
Administrator states the Department can email a list of appropriate species if needed.
Mr. Saal asks if the disease that killed the red pines is spreading.
Mr. Palm states the school is working with a forester but it does not appear so.
Mr. McDonough states no controls should be
installed for protection of the resource areas.
A motion to accept this as a small project 4.4.2.J is made by Ms. Feltovic, seconded by
Mr. McDonough.
Vote unanimous.
A motion to accept as proposed with conditions for erosion controls and pre-construction
meeting and post construction meeting is made by Ms. Feltovic, seconded by Mr.
McDonough.
Vote unanimous
Documents:
Application Checklist-Small Project
Small Project Procedures
Copy of Check
Letter from Brooks School dated 8/5/13
Photos of Existing Conditions for landscaping small project at Brooks School dated
8/5/13
Google Photo Brooks School dated 8/5/13
Aerial Photo dated 8/5/13
NACC#116, 268 Rea Street (Lynch) (Installation of a patio)
The Administrator reviews the proposed project and shows a photo of the project area.
The Field Inspector noted on a site visit that there is yard waste in the No-Disturb Zone
that should be removed.
James Lynch, homeowner is available to answer questions about the project.
Mr. McDonough asks about the size of the patio.
Mr. Napoli points out to the applicant that he should probably not encase the deck
footings in the concrete should they need to be replaced.
A motion to accept as a small project 4.4.2. F is made by Mr. McDonough, seconded by
Ms. Feltovic.
Vote unanimous.
A motion to approve the project as proposed with conditions for brush removal, erosion
control and pre and post construction inspection is made by Mr. McDonough, seconded
by Ms. Feltovic.
Vote unanimous.
Documents:
Application Checklist-Small Project
Small Project Procedures
Copy of Check
E/Mail letter from James Lynch dated 8/8/13
As-Built Plan of Land dated 6/28/10
Enforcement Orders
Boardwalk at Osgood Hill Trail Head (Friends of North Andover Trails)
Administrator reviews the boardwalk proposal completed in 2010 to prevent trail erosion
in wetlands. This proposal this will be an extension of that boardwalk. The Administrator
notes that there was some minor ditching done to try to reroute the water. This should
repair itself with time and will not be done again.
Tom Powers from Friends of North Andover Trails is available for questions from the
board.
A motion to issue an Enforcement Order to allow for the boardwalk construction to
reduce trail erosion and improve access to Osgood Hill is made by Mr. McDonough,
seconded by Ms. Feltovic.
Vote unanimous.
Documents:
Letter from Friends of North Andover Trails dated 7/30/13
Letter from Friends of North Andover Trails, overview of work, proposed work, work
schedule dated 7/30/13
Photo dated 8/1/13
Osgood Hill Recreation Area (Burns) (Eagle Scout Project Bog Bridge)
Ian Burns, Eagle Scout candidate, reviews his proposal to build several bog bridges to
improve access on Osgood Hill and reduce trail erosion and widening. He will remove
older boardwalks during the process.
sections) that he will construct off-site and carry to the approved locations.
Mr. McDonough asks if he will have help with the construction.
Mr. Burns states he will need volunteers to assist him.
Mr. Burns discusses potential funding sources and fundraising that he will do.
The Administrator states there is a management fund for Greater Osgood Hill that could
help with funding.
Mr. Burns states he will receive a discount from Doyle Lumber.
Ms. Feltovic asks how he will cut the boards.
Ian states that some power tools may be needed and he has assistance from his father
Gary Burns (who is present).
A motion to issue an Enforcement Order for the construction of bog bridges to reduce
erosion and maintain access to Osgood Hill trails is made by Mr. McDonough, seconded
by Ms. Feltovic. Old crossings/wood will be removed where possible.
Documents:
Eagle Scout Service Project workbook dated 8/7/13
Trail Map dated 7/9/09
Photos From Eagle Scout packet
Photos dated 8/2/13
Public Hearings: 7:30 PM
Request for Determination of Applicability
40 Bayfield Drive (Thomas) (Dewsnap Engineering Associates, LLP)
The applicant Edward Thomson of Comcast, and Paul Dewsnap of Dewsnap Engineering
Associates, LLP are present.
Mr. Saal read the legal notice.
Mr. Dewsnap reviews the proposal to install conduit for cable from a pole on one site of
the street to the upland side of the drive at the office building. Erosion Controls would be
installed.
A motion to issue a negative determination #3 with conditions for installation of erosion
controls and pre and post construction inspections is made by Mr. McDonough, seconded
by Ms. Feltovic.
Vote unanimous.
Documents:
Application Checklist-Request for Determination of Applicability
WPA Form 1-Request for Determination of Applicability
Waiver Request for structure within 50-foot No-Build zone
Project Description
Signatures and Submittal Requirements
Vegetation Observation dated 6/18/13
Vegetation and Hydrology Conclusion
Delineation Field Data dated 6/18/13
Indicators of Hydrology
Town of North Andover Board of Assessors
Locus Map
North Andover MIMAP
North Andover Wetlands Regulations Riverfront Map dated 6/2/03
Proposed Comcast underground Conduit Plan dated 7/29/13
Photos dated 8/6/13
Notice of Intent (NOI)
242-1582, 1049 Salem Street (Lot 70) (Jeffco, Inc.) (Merrimack Engineering Services,
Inc.) (cont. from 7/24/13) (Request to withdraw)
A motion to accept the withdrawal request is made by Ms. Feltovic, seconded by Mr.
McDonough.
Vote unanimous.
Document:
Hand written letter requesting to withdraw this filing from Douglas Ahern dated 8/1/13.
242-1593, 16 Berry Street (North Andover Holdings, LLC) (LEC Environmental
Consultants, Inc.) (cont. from 7/24/13) (Request to cont. to 8/28/13)
A motion to grant the request for a continuance to the August 28, 2013 is made by Ms.
Feltovic, seconded by Mr. McDonough.
Vote unanimous.
Document:
E/Mail from LEC Environmental Consultants, Inc. requesting a continuance to August
28, 2013 dated 8/9/13.
242-1601, Cotuit Street & Leyden Street (Burke, Esq.) (Pennoni Associates, Inc.)
Mr. Saal read the legal notice.
The Administrator reviews that in 2002 the NACC permitted construction on 4 lots. Only
2 were built. A COC is on the agenda for later in the meeting. The current proposal is to
develop the 2 unbuilt lots. The delineation could not be reviewed because the vegetation
had grown up and flags could not be found.
Benjamin Osgood of Pennoni Engineering reviews the proposal. He states that the stone
walls on the two remaining lots are already built. He reviews some of the items that need
to be added to the plans for the COC requests. Mr. Osgood states the prior order had three
extensions and extension requests were maxed out.
Mr. McDonough states the wetland reflagging would have been done.
Mr. Osgood states this will be done.
The Administrator states that the prior wetland line was reviewed by Seekamp
Environmental.
Ms. Feltovic asks that all appurtenances like deck stairs, pads for air conditioning
components, etc. be added to the plans.
Mr. Napoli states that he would like Eggleston Environmental to review the as-built
drainage for the COC request.
A motion to set up an escrow account to review the as-built stormwater management
system in the amount of $500.00 is made by Mr. McDonough, seconded by Ms. Feltovic.
Vote unanimous.
A motion to grant the request for a continuance to August 28, 2013 is made by Mr.
McDonough, seconded by Ms. Feltovic to allow for review, plan updates and the wetland
flagging.
Vote unanimous.
Documents:
Application Checklist-Notice of Intent
WPA Form 3-Notice of Intent
Project Description
Resource Area Protection
Construction Sequence
USGS Quadrangle Map
Natural Heritage Map
Affidavit of Service
Wetland Fee Transmittal Form
Copy of checks
Locus Map
Site Plans dated 7/31/13
Photos dated 8/6/13
General Business: 8:00 PM
242-1428, Modification Request, Lot 4N-A Turnpike Street (One Hundred Fourteen
Trust) (Patrick C. Garner of Garner Company, Inc.) (cont. from 7/28/13) (Request
to cont. to 8/28/13)
A motion to grant the request for a continuance to August 28, 2013 meeting is made by
Ms. Feltovic, seconded by Mr. McDonough.
Vote unanimous.
Document:
E/Mail from Patrick C. Garner of Garner Company, Inc. requesting a continuance to
8/28/13 dated 8/14/13.
242- 1398, COC Request, 575 Osgood Street (Edgewood Retirement Community, Inc.)
(cont. from 7/24/13) (Request to cont. to 8/24/13)
A motion to grant the request for a continuance to the August 24, 2013 meeting is made
by Ms. Feltovic, seconded by Mr. McDonough.
Vote unanimous.
Document:
E/Mail from David Mermelstein of Trident Project Advisors and Development Group
requesting continuance to August 28, 2013 meeting dated 8/14/13.
242-1296, Modification Request, Molly Towne Road (Autumn Chase) (North Andover
Realty Corp.) (Christiansen & Sergi, Inc.)
The Administrator
a lot and change the remaining lot lines.
Phil Christiansen, project engineer, reviews the conditions in the Order of Conditions that
will change to reflect the new lot numbers.
A motion to issue the modification for eliminating a lot, changing lot lines and altering
the lot numbers referenced in the Order of Conditions is made by Mr. McDonough,
seconded by Ms. Feltovic.
Vote unanimous.
Documents:
Letter from Christiansen & Sergi, Inc. dated 8/7/13
Site Plan dated 8/6/13
242-1261, COC Request, Cotuit & Leyden Streets (Burke, Esq.) (Pennoni Associates,
Inc.) (Request to cont. to 8/28/13)
This matter was discussed with the new NOI filing and a motion was made to continue
the matter to the August 28, 2013 meeting by Mr. McDonough, seconded by Ms.
Feltovic.
Vote unanimous.
Documents:
Verbal request from Benjamin C. Osgood, P.E. of Pennoni Associates, Inc. requesting a
continuance to August 28, 2013
Photos dated 8/6/13
242-1561, COC Request, 109 Nutmeg Lane (Gorman) (Marchionda & Associates, L. P.)
Paul Marchionda of Marchionda & Associates, L. P. reviews the request for a Certificate
of Compliance. Discrepancies between the proposed plan and the as-built plan are
highlighted.
The Conservation Commission had a discussion about fence that is partially in the 50-
foot No-Disturbance Zone. The Commission also discusses the chain used to partition off
the mitigation area.
The owner, Mr. Gorman states that the chain was never discussed in the field during site
visits and that the Order did not specify the type of fence.
Mr. McDonough that he does not consider the chain a fence. He states that although he is
never in favor of granting waivers, he can consider allowing the small portion of the
-Disturb Zone but a more significant barrier must be added to the
Mr. Napoli states continuing the white picket fence would be acceptable. He would like
to see something that will not allow snow to be pushed into the area.
Mr. Gorman is concerned the fence will be knocked over by the snow.
Mr. Napoli states the fence should start at the cabana and continue to the existing picket
fence.
The applicant requests a continuance to determine the type of fence and install.
Mr. Napoli states when that is complete the applicant will not need to attend a subsequent
meeting.
A motion to grant the request for a continuance to the August 28, 2013 meeting is made
by Mr. McDonough, seconded Ms. Feltovic.
Vote unanimous.
Documents:
Letter from Marchionda Associates, L. P. dated 8/9/13
As-Built Plan dated 7/12/13
Photos dated 8/13/13
242-784, PCOC Request, 50 Nutmeg Lane (Bylaw Only) (Lot 6) (Law office of Michael
E. Lombard, LLC)
A motion to issue the PCOC for 50 Nutmeg Lane (Lot 6) Local Bylaw only is made by
Ms. Feltovic, seconded by Mr. McDonough.
Vote unanimous.
Documents:
WPA Form 8A-Request for Partial Certificate of Compliance
AS-Built Plan
242-443, PCOC Request, 50 Nutmeg Lane (Bylaw Only) (Lot 6) (Law office of Michael
E. Lombard, LLC)
A motion to issue the PCOC for 50 Nutmeg Lane (Lot6) Local Bylaw only is made by
Ms. Feltovic, seconded by Mr. McDonough.
Vote unanimous.
Documents:
WPA form 8A Request for Partial Certificate of Compliance
As-Built Plan
A motion to adjourn the meeting at: 8:30 PM is made by Ms. Feltovic, seconded by Mr.
McDonough.
Vote unanimous.