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HomeMy WebLinkAboutCCMeetingMinutes_09.11.13 Conservation Commission Meeting Minutes September 11, 2013 Members Present: Joseph W. Lynch, Jr., Vice Chairman, John T. Mabon, Sean F. McDonough, Douglas W. Saal. Members Absent: Louis A. Napoli, Chairman, Deborah A. Feltovic, 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: 7:06PM Quorum Present. Approval of Minutes of 8/14/13 A motion to accept the meeting minutes of 8/14/13 as drafted and reviewed is made by Mr. McDonough, seconded by Mr. Mabon. Vote unanimous. Small Project NACC#118, 80 Great Pond Road (TLD, LLC) (Installation of a Fence) The applicant Thomas D. Zahoruiko of TDL, LLC presents a proposal to add a fence to the property. The house itself did not have an Order of Conditions. The fence would be A motion to issue this small project as a 4.4.2.H is made by Mr. McDonough, seconded by Mr. Mabon. Vote unanimous. A motion to accept this as a small project with conditions for pre- and post-construction meetings is made by Mr. McDonough, seconded by Mr. Mabon. No erosion control is required if posts are hand dug. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Description of work proposed fence located in manicured meadow No grade or other alteration combined cedar post and rail fence and black vinyl chain fence Copy of Check Photo dated 9/3/13 Plan of Land dated 4/1/13 Request for Determination of Applicability 224 Carlton Lane (Hughes) Mr. Saal read the legal notice. The administrator presents the patio which was proposed after the applicant received a negative determination for a deck addition so a new RDA was filed. The applicant Greg Hughes of 224 Carlton Lane is present for questions. Mr. Lynch states the applicant should be careful of his septic system. A motion to issue a negative determination #3 is made by Mr. McDonough, seconded by Mr. Mabon. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for determination of applicability Project Description Copy of Check Notification to Abutter Locus Map USGS Map NHESP Map dated 9/5/13 Plan of Land 8/29/13 181 Berkeley Road (Mackay) Mr. McDonough read the legal notice. The administrator presents the proposal to add a fence to the property, portions of which -Disturbance Zone. The applicant Eva Mackay of 181 Berkeley Road states her concern for a 7-foot drop in the back yard adjacent to the detention basin. She is trying to sell the house and this is a concern for families. Mr. Mabon asks about the property boundary which is not properly shown on the aerial photograph. He states that pre- and post-construction meetings and erosion controls are needed. Mr. McDonough asks what kind of fence is proposed. Mr. Saal states that the plan shows the fence below the stone wall. A clarification will be needed in the decision. The Conservation Commission discusses that the fence will need to be staked out and the drain line located and confirmed in a preconstruction meeting. Public works would also need to confirm due to easement on property. A break away piece of fencing would be needed to allow equipment access on the easement. Ms. Mackay states the new homeowner would install the fence. -Disturbance Zone is needed. Administrator states these houses were built before local bylaw. A motion to issue the waiver request is made by Mr. McDonough, seconded by Mr. Mabon. Vote unanimous. A motion to issue Negative Determination#3 with special conditions for a preconstruction meeting to confirm the fence location is made by Mr. McDonough, seconded by Mr. Saal. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA From 1-Request for Determination of Applicability Project Description Copy of Check MIMAP Aerial Image/with fence drawn in printed dated 8/30/13 Photo of Subdivision plan w/fence drawn in red Fence in existing lawn area within drainage easement, with permission from DPW 310 CMR 10.02 (2) (B) 1. B. Signatures and submittal requirements 6/13 NHESP Map dated 9/9/13 USGS Map dated 9/9/13 Plan of Land dated 12/23/1985 Notice of Intent (NOI) 242-1589, 1077 Osgood Street (Angus Realty Corporation) (Lynnfield Engineering Inc.) (cont. from 8/28/13) (Request to cont. to 9/25/13) A motion to grant the request for a continuance to the September 25, 2013 is made by Mr. McDonough, seconded by Mr. Saal. Vote unanimous. Document: E/Mail from Richard Barthelmes, P. E. of Lynnfield Engineering, Inc. requesting a continuance to September 25, 2013 meeting dated 9/9/13. NACC#117, 50 Royal Crest Drive (AMICA North Andover, LLC) (Cornerstone Land Consultants, Inc.) Mr. Saal read the legal notice. The Administrator states that the project has been reviewed by Eggleston Environmental. Kenneth Lania of Cornerstone Land Consultants, Inc. states the proposed bioretention area is part of the 5-year plan submitted on behalf of Royal Crest. This will alleviate flooding by taking the drainage train G offline. The square footage of the t-series wetland will not change. A low and high marsh system will be created. Many trees will remain. Mr. Mabon asks about some of the concerns in the Eggleston review letter. Mr. Lynch states the intent of the project appears to be storage and treatment, not infiltration and recharge. He asks about feasibility of maintenance. Mr. Lania states he is making a training video on how to maintain. The O&M for the site has been modified to include the new structure. Mr. Lania and Mr. Lynch discuss the use of mulch in the area. Mr. Saal asks about connecting to manhole 2498. The NACC discusses the manhole connection and other drainage structures in the area. Mr. Lynch states he is pleased the owner is moving forward with the recommended drainage work. A motion to grant the request for a continuance to the September 25, 2013 meeting is made by Mr. McDonough, seconded by Mr. Mabon. Vote unanimous. Documents: Letter from Eggleston Environmental dated 9/11/13 Application Checklist-Notice of Intent Letter from Cornerstone Land Consultants, Inc. dated 8/29/13 WPA Form 3-Notice of Intent General Information NOI Wetland Fee Transmittal Form Copy of Local Check Locus Map dated 7/24/13 Aerial Photography dated 7/24/13 USGS Topographic Maps dated 7/24/13 NHESP Endangered Species Map dated 7/24/13 FEMA Floodplain Map dated 7/24/13 Zoning Map dated 7/24/13 NRCS Soils Map 7/24/13 Train G (reduced scale) Existing Drainage System-Train G dated 11/15/12 Checklist for Stormwater Report North Andover Conservation Commission Waiver Request Form dated 8/29/13 Affidavit of Service dated 8/29/13 Drainage Diagram for Drain Train G Separation Notice of Intent Site Plan dated 8/1/13 Notice of Intent Detail Sheet dated 8/1/13 Existing Drainage System Train G dated 11/15/12 242-1603, 315 South Bradford Street (Smolak Farm, LLC) (ESS) Mr. McDonough reads the legal notice. The applicant H. Michael Smolak, Jr. of 315 South Bradford Street presents the proposal to add restrooms and a storage area to the function area on the property. Photos of the area are circulated. Mr. Mabon asks the administrator about the delineation. The project appears to meet setbacks. Administrator states delineation was reviewed. Mr. Lynch states the project does not meet the criteria for an agricultural exemption. The applicant discusses other work on the property that does qualify for an agricultural exemption. This includes regrading a field and implementation of a forest management plan. Mr. Lynch states his support of this well run farm. Mr. Smolak work to be done on sewer system on the site. A motion to grant the request for a continuance to September 25, 2013 because of NHESP review is made by Mr. McDonough, seconded by Mr. Mabon. Vote unanimous. Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent NOI Wetland Fee Transmittal Form Letter from Smolak Farms, LLC dated 8/12/13 Letter from Basbanes Wetland Consulting dated 8/6/13 Locus Map Function Building Sketch dated 8/8/13 Aerial Photo showing Bathroom and Office & Storage Area with wetland line and 50- foot No-Build Zone dated 8/8/13 Site Plan Proposed Building dated 8/28/13 Photo dated 9/4/13 242-1601, Cotuit & Leyden Streets (Burke Esq.) (Pennoni Associates, Inc.) (cont. from 8/28/13) (Request to cont. to 9/25/13) A motion to grant the request for a continuance to the September 25, 2013 meeting is made by Mr. Saal, seconded by Mr. McDonough. Vote 3 to1 (Mr. Lynch an abutter abstained) General Business: 8:00PM 242-1398, COC Request, 575 Osgood Street (Edgewood Retirement Community, Inc.) (cont. from 8/28/13) Administrator presents final review submitted by Eggleston Environmental. The commission discusses the final COC items that were addressed. A motion to issue the COC is made by Mr. McDonough, seconded by Mr. Mabon. Vote unanimous. Documents: Letter from West Environmental dated 5/16/13 E/Mail from Eggleston Environmental dated 9/6/13 Letter from Christiansen & Sergi, Inc. dated 6/26/13 Letter from Christiansen & Sergi, Inc. dated 11/19/12 Letter from Hinckley Allen Snyder, LLP Attorney at Law dated 4/24/13 WPA Form 8A-Request for Certificate of Compliance As-Built Roadway Samuel Way Plan dated 9/3/13 As-Built Roadway Amelia Way Plan dated 9/3/13 As-Built Roadway Caroline Way Plan dated 9/3/13 As-Built Roadway Charlotte Way Plan dated 9/3/13 As-Built Roadway Profiles dated 9/3/13 As-Built Constructed Wetlands dated 9/3/13 As-Built Plan dated 9/3/13 Photos dated 8/26/13 242-1261, COC Request, Cotuit & Leyden Streets (Burke, Esq.) (Pennoni Associates, Inc.) (cont. from 8/28/13) (Request to cont. to 9/25/13) A motion to grant the request for a continuance to the September 25, 2013 meeting is made by Mr. Saal, seconded by McDonough. Vote 3-1 (Mr. Lynch, an abutter, abstained). 242-1561, COC Request, 109 Nutmeg Lane (Gorman) (Marchionda & Associates, L. P.) (cont. from 8/28/13) (Request to cont. to 9/25/13) A motion to grant the request for a continuance to the September 25, 2013 meeting is made by Mr. Saal, seconded by Mr. McDonough. Vote unanimous. Document: E/Mail from Liz Gorman of 109 Nutmeg Lane requesting a continuance to September 25, 2013 meeting dated 9/9/13. Executive Session 80 Saile Way A motion to enter into executive Session is made at 8:30 p.m. by Mr. Mabon, seconded by Mr. McDonough. A roll call vote is taken with each member responding in the affirmative to enter executive . session A roll call vote is taken to end the executive session with each member responding in the affirmative and a motion is made to adjourn the meeting at: 9:00PM by Mr. McDonough, seconded by Mr. Saal. Vote unanimous.