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HomeMy WebLinkAboutCCMeetingMinutes_11.04.15 North Andover Conservation Commission Meeting Minutes November 4, 2015 Members Present: Louis A. Napoli, Chairman, Joseph W. Lynch, Jr., John T. Mabon, Deborah A. Feltovic, Douglas W. Saal Member Absent: Albert P. Manzi, Jr., Vice Chairman, Sean F. McDonough. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge Conservation Secretary. Pledge of Allegiance Meeting came to Order at: 7:10PM Quorum Present. Approval of Minutes 10/7/15 A motion to accept the meeting minutes of 10/7/15 as drafted and reviewed is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. NACC#163, 315 Candlestick Road (Gotobed) Administrator reviews the applicant to construct a kidney /free form shaped patio less than Mr. Mabon asks if the site is flat. Mr. Napoli states the patio will need to be laid out for the preconstruction to confirm it is less than 300 s.f. A motion to accept this project as small project 4.4.2F and approve as proposed with conditions for pre & post construction inspections is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Copy of Town Check Written Narrative prepared by Mark Gotobed dated November 3, 2015 Sanitary Disposal System Plan prepared by Neve Associates, Inc. dated December 11, 1989 NACC#164, 203 Cotuit Street (Deschamp) Administrator states the project narrative was just submitted today and a wetland delineation is needed because the proposed deck is proposed right at the 50-foot No-Build zone. A motion to grant the request for a continuance to the November 18, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Document: Hand written letter prepared by Mrs. Deschamp request a continuance to the November 18, 2015 meeting dated November 4, 2015 NACC#165, 155 Boston Street (Kellett Excavating) Administrator reviews the proposal to abandon (crush and fill) the existing septic tank located under the deck. A new septic system has been constructed outside jurisdiction. Mr. Lynch asks if the deck will need to be removed. Applicant states it will not. A motion to accept this as small project 4.4.2L and approve as proposed with conditions for pre & post construction inspections is made by Ms. Feltovic, seconded by Mr. Saal. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Copy of Town Check Project Narrative prepared by Kellett Excavating dated November 3, 2015 Proposed Subsurface Sewage Disposal System prepared by Richard C. Tangard, P. E. dated July 25, 2011 Request for Determination of Applicability 660 Great Pond Road (United Methodist Church) (Norse Environmental Services, Inc.) (cont. from 10/21/15) The applicant Larry Peacock of United Methodist Church and Maureen Herald of Norse Environmental Services are present. Administrator states revised plan has been submitted showing walkway outside of the 25-foot No-Disturbance zone. Also, the berm has been removed and a row of ground cover and shrubs has been added to the plan. Ms. Herald reviews the changes. Ms. Feltovic states she is happy with the changes. A motion to issue a positive determination #2 approving the delineation and a negative determination #3 with conditions for pre & post construction inspections is made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. Documents: Letter prepared by Norse Environmental Services, Inc., relocated the sideway outside the 25- foot No-Disturbance zone, Eli lieu of the berm planting are proposed along the driveway and parking lot dated October 28, 2015 Site Plan prepared by DK Engineering Associates, Inc. dated October 4, 2015, revised October 28, 2015 Abbreviated Notice of Resource Area Delineation 242-1662, 0 W High Street (RCG West Mill NA, LLC) (Wetlands Preservation, Inc.) (cont. from 10/21/15) The applicant David Steinbergh and Seth Zeren of RCG West Mill NA, LLC and Curtis R. Young of Wetlands Preservation, Inc. are present. Mr. Steinbergh presents the plan and states the reasons for not delineating the swale. Mr. Zeren present through the present. He states RCG has maintained the swale since 2013 including mowing and cleaning. Catch basins have also been replaced to include deep sumps and hoods. Mr. Mabon states it is clearly a stormwater management swale. For the ANRAD it needs to be documented properly and should not have setbacks. -Disturbance Zone. Mr. Lynch states the swale needs to be maintained to keep the flow of water and provide whatever treatment it can. Mr. Young states the swale could be shown on the site plan and the commission could take jurisdiction under the local bylaw. Mr. Lynch states it would be jurisdictional for stormwater purposes. The commission discusses the Wetland Protection Act regulations and the exemption clauses for stormwater. Mr. Young states it would be inappropriate to call the swale a stream. This would constrain improvements to the property. Administrator reviews other filings where the Commission said the drainage structures were jurisdictional. She states the swale is not exempt from jurisdiction per 10.02(5). The Commission agrees there is language to describe the swale that will allow the management. A motion to grant the request for a continuance to the November 18, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. Documents: Letter prepared by Wetland Preservation, Inc. is submitting supplemental information for the ANRAD filing dated October 28, 2015 Current Site Plan & Stormwater System, Swale, Drainage pipes, Town Connection prepared by Wetland Preservation, Inc. dated October 28, 2015 Notice of Intent (NOI) 242- 10/21/15) are present. Ms. Herald states she visited the site and confirms there is an ephemeral pool located within the wetland. She has submitted an alternatives analysis and points out that the house met the restoration of the full 50-foot No-Disturbance Zone is not feasible due to the underground drainage. She states the applicant can increase the setback some to protect the pool. Mr. Mabon asks Ms. Herald to review the alternatives analysis. Mr. Mabon asks about the side setback and if it makes sense to move the addition from the rear of the house to the west. Ms. Herald states the setback The commission discusses the letter from NHESP. A motion to accept the waiver request is made by Mr. Saal, seconded by Ms. Feltovic. Vote unanimous. A motion to close and issue a decision within 21 days is made by Mr. Mabon, seconded Ms. Feltovic. Vote unanimous. Documents: Letter prepared by Norse Environmental Services, Inc. added the approximate location of the ephemeral pool, added the 50-foot No-Disturbance and the 75-foot No-Build zone, added the outline of the subsurface drainage feature, added the proposed shrub plantings and planting list, added notes 1 and 2, attached waiver request dated October 28, 2015 Plan of Land dated August 27, 2015, revised dated October 26, 2015 242-1656, 95 Old Cart Way, (Murtha, III) (Markey Land Development Consulting) (cont. from 10/21/15) The applicant Thomas Murtha, III of 95 Old Cart Way is present. Administrator states this is ready to close and issue decision. A motion to close and issue a decision within 21 days is made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. Documents: Notice of Intent Site Plan August 10, 2015, revised August 20, 2015, revised September 1, 2015, revised October 13, 2015, revised October 19, 2015 242-1667, 700 Middleton Street (Fischer) (North East Classic Engineering) (cont. from 10/21/15) James Morin of North East Classic Engineering is present. Administrator states she has received an engineer stamped plan and this is ready to close and issue close and issue 21 days. A motion to close and issue a decision within 21 days is made by hold still Engineer stamped plan is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Plan Titled Subsurface Sewage Disposal System (Repair), Last Revised: 9/25/2015 Stamped by: James J. Morin, R.S. & James A. Herrick, P.E. 242-1666, 240 Charles Street (Greater Lawrence Sanitary District) (CDM Smith) (cont. from 10/21/15) The applicant Richard E. Weare of Great Lawrence Sanitary District and Mary Rimmer of Rimmer Environmental Consulting, LLC are present. Administrator states this is ready to close and issue. A motion to close and issue a decision within 21 days is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. General Business 242-1377, COC Request, 95 Old Cart Way (Murtha, III) The applicant Thomas Murtha of 95 Old Cart Way is present. Mr. Murtha states the only portion of the proposal that occurred was installation of the hot tub. No ground was disturbed. A motion to issue the COC for an invalid Order of Conditions is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Document: WPA Form 8A-Request for Certificate of Compliance 242-1652, COC Request, 242 Dale Street (Barter/Nigro) (Sullivan Engineering Group, LLC) (cont. from 10/21/15) Administrator states as-built plans shows the deck an pool were constructed as proposed except for a minor change in the stairs and the addition of a hot tub on the lower deck. The site is fully stabilized, wetland makers were installed today and the erosion controls have not been removed. A motion to issue the COC but hold till erosion controls are removed is made by Mr. Mabon, seconded Mr. Saal. Vote unanimous. Documents: Letter prepared by Sullivan Engineering Group, LLC a hot tub was added to the lower deck 88-feet away from wetland resource area, the hot tu tubes and double up floor joists the hot tub was not shown on the approved plan, but the addition of the hot tube is minor in size and located well outside the 50-foot No-Build zone dated October 6, 2015 WPA Form 8A-Request for Certificate of Compliance As-Built Plan of Land prepared by Sullivan Engineering Group, LLC dated September 29, 2015 242-1648, COC Request, Chestnut Street/Rosemont Drive (North Andover Division of Public Works) Administrator states work was completed as proposed, all areas are stabilized and erosion controls are removed. A motion to issue the COC is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter prepared by Weston & Sampson Engineers, Inc. request for Certificate of Compliance dated October 22, 2015 WPA Form 8A-Request for Certificate of Compliance Plan of Chestnut Street/Rosemont Drive prepared by Weston & Sampson Engineers dated October 5, 2015 Details Plan Chestnut Street/Rosemont Drive prepared by Weston & Sampson Engineers dated October 5, 2015 242-1601, PCOC Request, 19-21 Cotuit Street (Seaport Homes, LLC) (TTI Environmental, Inc.) Administrator states the applicant requests a continuance to the December 2, 2015 meeting. A motion to grant the request for a continuance to the December 2, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: E/Mail prepared by John Burke Lawyer creating Homeowners Association request a continuance to the December 2, 2015 meeting dated November 4, 2015 242-1620, COC Request, 179 Osgood Street (North Andover Historical Society) (TTI Environmental, Inc.)(cont. from 10/21/15) Joseph Lagrasse of the North Andover Historical Society is initially not present and the matter is continued. Mr. Lagrasse arrives later in the meeting and the matter is reopened. Mr. Lagrasse states that funding for the project is tight and there is not money for a guardrail. He states if safety is a concern more boulders can be added. He states the guardrail would cost $6,500. He states he has access to some large granite slabs and asks if they would be appropriate. Mr. Lynch states physical barrier to the wetlands. Mr. Napoli states a granite curb will not stop snow from being plowed off the wall. The commission discusses ways to protect the wetland. Mr. Lagrasse states shrubs could be added. Administrator states this site has been great dumping site every homeowner in the neighborhood. A post and rail fence or posts with chains is discussed. Mr. Mabon states the granite is better than wheel stops. Mr. Napoli states the decision is not based on hardship. Mr. Saal states larger stones could work. The Administrator states they would need to be closer together. A motion to grant the request for a continuance to the November 18, 2015 meeting is made by Mr. Saal, seconded by Ms. Feltovic. Vote unanimous. Document: Verbal request prepared by Mr. Lagasse for a continuance to the November18, 2015 meeting dated November 4, 2015 242-1507, Modification Request, 169 Gray Street (Murphy) (Merrimack Engineering Services, Inc.) The applicant Ellen Murphy of 169 Gray Street is present. Administrator states this is an older filing permit extension act. The applicant proposes a larger pool and to remove the originally proposed retaining wall and grade instead. Boulders at the 25-foot No-Disturbance Zone have been added to the plan as required by the Order of Conditions. A motion to issue the modification is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: E/Mail prepared by Ellen Murphy of 169 Gray Street, we officially requesting to modify the plan Plan of Land dated March 21, 2011, revised October 13, 2015 242-1111, PCOC Request, 210 Chickering Road Unit 206A (Pettoruto) (Pettokuto Law Firm) George Schruender of Real Living Realtor of 73 Chickering Road is present. He states that the applicant cannot get a loan without a PCOC. Administrator states the unit is in Kitteridge Crossing which does not have a COC. The unit is in a non-jurisdictional building. Mr. Lynch states granting one PCOC at a time is going to leave one unit owner holding the bag. Mr. Schruender states the management company should look to use the bond to get the COC. Administrator states the only outstanding item was monitoring of the stormwater system during the 50-year storm event. Ms. Feltovic states she will speak to the attorney on the board A motion to issue a PCOC for 210 Chickering Road Unit 206A only is made by Mr. Lynch, seconded by Mr. Mabon. Ms. Feltovic is recused. Vote unanimous. Document: WPA Form 8A-Request for Partial Certificate of Compliance Bylaw Regulations Revisions (cont. from 9/23/15) Administrator states Eggleston Environmental is working on this.. A motion to grant the request for a continuance to the December 2, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Decisions 242-1656, 95 Old Cat Way Administrator reviews the draft Order of Conditions. The Commission accepts Order of Conditions as drafted. A motion to accept the Order of Conditions as drafted is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. 242-1667, 700 Middleton Street Administrator reviews the draft Order of Conditions. The Commission accepts Order of Conditions as amended. A motion to accept the Order of Conditions as amended is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Enforcement Order 242-1261 & 242-1601, Cotuit Street (cont. from 10/7/15)(Burke & Seaport Homes, LLC) (cont. from 10/21/15) Administrator states Mr. Burke has gotten 4 of 6 homeowners to sign onto the agreement. Mr. Burke requests a continuance to the December 2, 2015 meeting. A motion to grant the request for a continuance to the December 2, 2015 meeting is made by Mr. Mabon, seconded by Ms. Feltovic. Vote 4 to 1 (Mr. Lynch Abutter) A motion to adjourn the meeting at: 9:00PM is made by Mr. Mabon, seconded by Mr. Lynch. Vote unanimous.