HomeMy WebLinkAboutCCMeetingMinutes_07.22.15
North Andover Conservation Commission Meeting Minutes
July 22, 2015
Members Present:
Douglas W. Saal, Vice Chairman, Joseph W. Lynch, Jr., John T. Mabon,
Albert P. Manzi, Jr., Sean F. McDonough (arrive at 8:30 p.m.).
Members Absent:
Louis A. Napoli, Chairman, Deborah A. Feltovic.
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 5/27/15 & 6/24/15
Administrator states the 5/27 minutes are not ready and the 6/24 minutes are under review
and will be on the next agenda.
NACC#152, 300 Abbott Street (Sargent School)
paved path to access the
swing set area
wetland.
Mr. Saal asks why a path for mobility challenged students would lead to sand.
Mr. Manzi states the path appears to the only access to the swings.
Mr. Lynch states no waiver is needed and the work is barely jurisdictional. He believes this is
a reasonable accommodation and appears to meet the intent of providing access.
Mr. Mabon states there will be minimal impact to the buffer zone.
A motion to accept the proposal as a small project 4.4.2K is made by Mr. Manzi, seconded
by Mr. Mabon.
Vote unanimous.
A motion to accept the small project as proposed with a condition for post construction
inspection is made by Mr. Manzi, seconded by Mr. Mabon.
Vote unanimous.
Documents:
Application Checklist-Small Project
Small Project Procedures
E/Mail prepared by Dave Fanuele small project narrative dated July 16, 2015
Aerial Plan dated June 23, 2015
Request for Determination of Applicability
29 Granville Lane (Lanigan) (The Morin-Cameron Group, Inc.)
Mr. Mabon reads the legal notice.
John Morin of The Morin-Cameron Group, Inc. presents the proposal to install a new septic
system within the 100-foot Buffer Zone. He states there is a high water table. The work
should take no more than two weeks. The large leaf pile adjacent to the resource area will be
removed by the installer.
Mr. Lynch asks if any of the utilities will need to be moved as they come in off the street in
the area of the leach field.
Mr. Morin states they may need to be.
Mr. Lynch and Mr. Mabon discuss leaving a corridor in which the utilities could be moved.
That corridor should be more than 80 feet from the wetland resource area.
A motion to issue a negative determination #3 and #6 is made by Mr. Manzi, seconded by
Mr. Mabon.
Vote unanimous.
Documents:
Application Checklist-Request for Determination of Applicability
Letter prepared by The Morin-Cameron Group, Inc. dated July 10, 2015
WPA Form 1-Request for Determination of Applicability
Project Description
Signatures and Submittal Requirements
Figure #1 USGS Locus Map prepared by The Morin-Cameron Group, Inc. dated July 9,
2015
Authorization Form prepared by the applicant Mr. Robert Lanigan dated May 26, 2015
Affidavit of Service dated July 10, 2015
Notification to Abutters Form
Certified Abutters List dated July 10, 2015
NHESP Map prepared by The Morin-Cameron Group, Inc. dated July 9, 2015
Sanitary Disposal System Repair Plan prepared by The Morin-Cameron Group, Inc. dated
July 10, 2015
Photo prepared by the Town of North Andover Conservation Department dated July 16,
2015
Notice of Intent (NOI)
242-1651, Olde Salem Village Condos (Key-Lime, Inc.)(Hayes Engineering, Inc.) (cont.
from 7/8/15)
Administrator states the as-built plan is complete and will be submitted in time for the next
meeting. The applicant requests a continuance to the August 12, 2015 meeting.
A motion to grant the request for a continuance to the August 12, 2015 meeting is made by
Mr. Mabon, seconded by Mr. Manzi.
Vote unanimous.
Document:
E/Mail prepared by Hayes Engineering, Inc. requesting a continuance to the August 12, 2015
meeting dated July 21, 2015
242- , Boxford Street (Messina Development Company, Inc.) (Christiansen & Sergi, Inc.)
Mr. Mabon reads the legal notice.
The applicant Robert Messina of Messina Development Company, Inc. and Philip
Christiansen of Christiansen & Sergi, Inc. are present.
Administrator states she walked the site with Lisa Eggleston of Eggleston Environmental on
July 21, 2015.
Mr. Christiansen presents the proposal to install an entrance roadway to a PRD development
off of Boxford Street. The entire entrance is in the buffer zone to a wetland across the street.
The water line extension was filed for previously. There will be 12 acres of open space. The
project is currently under review by NHESP. No trails are proposed in the open space.
Mr. Manzi asks if there will be a public access point to the open space.
Mr. Mabon states there should be a trail as part of the planning.
Mr. Saal asks if the road will be a public way.
Mr. Christiansen states the Town of North Andover Division of Public Works requested
catch basins in the roadway for times when the LID swales are blocked with snow. The
stormwater system is comprised of swales and a detention basin. The basin is within the open
space.
The Commission discusses the appropriateness of having the detention structure in the open
space.
Mr. Manzi states the ephemeral pools on the property should be certified.
Mr. Mabon asks if parking is proposed for public access.
Mr. Lynch recommends the Administrator communicate with the Planning Department about
a possible trailhead, trail and parking.
The Administrator states test pits are needed for the bioretention area.
A motion to grant the request for a continuance to the August 12, 2015 meeting is made by
Mr. Manzi, seconded by Mr. Mabon.
Vote unanimous.
Documents:
Application Checklist-Notice of Intent
WPA Form 3-Notice of Intent
General Information
Signatures and Submittal Requirements
NOI Wetland Fee Transmittal Form
Copy of State and Town Check
Project Description
Letter Construction Sequence prepared by Christiansen & Sergi, Inc. dated June 26, 2015
Locus Map prepared by Christiansen & Sergi, Inc.
Firm Flood Rate Map dated July 2, 2012
NHESP Map dated October 1, 2008
Letter prepared by Division of Fisheries & Wildlife dated July 9, 2015
Certified Abutters List dated June 6, 2015
Notification to Abutters Form
Definitive PRD Development Lots 1, 2 5, 6 7 Plan prepared by Christiansen & Sergi, Inc.
dated June 12, 2015
Construction Details 1 prepared by Christiansen & Sergi, Inc. dated June 23, 2015
Sedimentation Control Plan prepared by Christiansen & Sergi, Inc. dated June 12, 2015
Stormwater Management Report for the PRD Definitive Subdivision prepared by
Christiansen & Sergi, Inc. dated June 26, 2015
242- , 95 Old Cart Way (Murtha III) (Giles Surveying)
The Commission waives reading of the legal notice. No abutters present.
The applicant Thomas Murtha, III of 95 Old Cart Way is present.
Mr. Manzi and Mr. Lynch discuss filing requirements with Mr. Murtha. An appropriate plan
is needed.
Mr. Lynch and Mr. Manzi state structures are not allowed in the No-Build Zone.
Mr. Manzi states also an alternative analysis needs to be submitted with the filing.
Mr. Saal states that the Jacuzzi location is not waivable.
Mr. Mabon states the rest of the proposal looks feasible but the stairs and Jacuzzi deck will
need to be moved.
Mr. Manzi discusses acting on the waiver request.
Mr. Murtha states he will need to hire an engineer.
A motion to grant the request for a continuance to August 12, 2015 is made by Mr. Manzi,
seconded by Mr. Mabon.
Vote unanimous.
A motion to ratify the Enforcement Order is made by Mr. Manzi, seconded by Mabon.
Vote unanimous.
Documents:
Application Checklist-Notice of Intent
WPA Form 3-Notice of Intent
General Information
Signatures and Submittal Requirements
NOI Wetland Fee Transmittal Form
North Andover Conservation Commission Waiver Request Form prepared by Thomas
Murtha, III dated July 10, 2015
Letter prepare by Mr. Handyman Dennis P. Turmel dated July 9, 2015
Amended Letter prepared by Arrow Environmental, LLC dated July 10, 2015
Letter Prepared by The Building Department dated July 7, 2015
USGS Map dated July 10, 2015
Notification to Abutters Form
Certified Abutters List prepared by Town of North Andover Assessors Office dated July 13,
2015
Proposed Modification Plan of Land prepared by Giles Surveying dated November 13, 2006,
revised November 27, 2006, revised December20, 2006, revised, May 24, 2007, revised June
13, 2007, revised June 1, 2007, revised June 21, 2007, revised August 1, 2007
Bing Aerial Photo prepared by the Town of North Andover Conservation Department dated
July 16, 2015
Google Earth Aerial Photo prepared by the Town of North Andover Conservation
Department dated 1995
Google Earth Aerial Photo prepared by the Town of North Andover Conservation
Department dated December 30, 2001
Google Earth Aerial Photo prepared by the Town of North Andover Conservation
Department dated April 29, 2005
Google Earth Aerial Photo prepared by the Town of North Andover Conservation
Department dated 2007
Google Earth Aerial Photo prepared by the Town of North Andover Conservation
Department dated June 18, 2010
Google Earth Aerial Photo prepared by the Town of North Andover Conservation
Department dated September 27, 2014
Photos prepared by the Town of North Andover Conservation Department dated July 16,
2015
Letter prepared by the Town of North Andover Conservation Department dated July 1, 2015
WPA Form 9-Enforcement Order
Photos prepared by the Town of North Andover Conservation Department dated June 30,
2015
242-1634, 50 Royal Crest Drive (Pond Redesign) (AIMCO North Andover, LLC)
(Cornerstone Land Consultants, Inc.) (cont. from 7/8/15)
Administrator states the applicant requests a continuance to the August 26, 2015 meeting.
A motion to grant the request for a continuance to August 26, 2015 meeting is made by Mr.
Lynch, seconded by Mr. Mabon.
Vote unanimous.
Document:
E/Mail prepared by Cornerstone Land Consultants, Inc. requesting a continuance to the
August 26, 2015 dated July 22, 2015
242-1635, 50 Royal Crest Drive (AIMCO North Andover, LLC) (Cornerstone Land
Consultants, Inc.) (cont. from 7/8/15)
Administrator states the applicant requests a continuance to the August 26, 2015 meeting.
A motion to grant the request for a continuance to the August 26, 2015 meeting is made by
Mr. Lynch, seconded by Mr. Mabon.
Vote unanimous.
Documents:
E/Mail prepared by Cornerstone Land Consultants, Inc. requesting a continuance to the
August 26, 2015 meeting dated July 22, 2015
Amendment
242-1629, 4W High Street (RCG West Mill NA, LLC) (Horsley Witten Group, Inc.)
David Steinbergh and Seth Zeren of RCG West Mill NA, LLC and John Ford of Horsley
Witten Group are present.
Mr. Ford states there are engineering challenges involving a cement slab which protects the
culvert carrying the stream under the building. It will not support vehicular traffic so a
realignment of the parking lot is needed. The amended proposal includes demolition of
Building 37. The demolished building area would remain green space/grass until a final
master plan for the property is complete. John Ford presents a slide presentation.
Mr. Lynch states an amendment is appropriate for this type of change.
Mr. Ford stated the existing bridge and cooling tower will remain.
Abutter Roger Pennington expresses concern for Osgood Pond stating it is turning into a
swamp.
Abutter George Stern also expresses concern about invasive vegetation and silt in the pond.
He is concerned about further pollution and contamination.
The Conservation Commission discusses pond ownership and possible solutions with the
abutters.
Mr. Stern asks about test wells on the West Mill site.
Mr. Lynch states there is a net benefit to the demolition portion of the project as it will be
green space for now.
A motion to close and issue the amended Order of Conditions within 21 days is made by Mr.
Manzi, seconded by Mr. Mabon.
Vote unanimous.
Documents:
Letter prepared by RCG West Mill NA LLC dated July 8, 2015
Letter prepared by Roger Pennington and George Stern of 148 Main Street dated July 10,
2015
O & M Report prepared by Horsley Witten Group, Inc. dated July 2015
Stormwater Analysis and Drainage Report Amended July 2015
West Mill Redevelopment Construction Plan prepared by Horsley Witten Group, Inc. dated
July 16, 2015
Letter prepared by Eggleston Environmental dated July 17, 2015
Aerial Photos prepared by Horsley Witten Group, Inc. dated July 22, 2015
Letter prepared by RCG West Mill NA LLC dated July 8, 2015
Request to Amended Order of Conditions 242-1629 prepared by Horsley Witten Group, Inc.
dated July 2015
West Mill Redevelopment Construction Plans prepared by Horsley Witten Group, Inc. dated
July 2015
General Business: 9:00PM
242-683, PCOC Request, 38 Foxwood Drive (Lot 47) (SKM Title & Closing Services, P. C.)
Administrator states the lot is not jurisdictional.
A motion to issue the PCOC for 38 Foxwood Drive (Lot 47) only is made by Mr. Lynch,
seconded by Mr. McDonough.
Vote unanimous.
Documents:
Letter prepared by SKM Title & Closing Services, PC dated July 7, 2015
WPA Form 8A-Request for Partial Certificate of Compliance
242-1533, COC Request, 16 Berry Street (Margret Circle off Berry Street) (LEC
Environmental Consultants, Inc.)
Administrator states COC for invalid order of conditions work never started.
A motion to issue the COC for invalid Order of Conditions is made by Mr. Lynch, seconded
by Mr. Manzi.
Vote unanimous.
Documents:
Letter prepared by LEC Environmental Consultants, Inc. dated July 15, 2015 requesting a
Certificate for Compliance
WPA Form 8A-Request for Certificate of Compliance
Copy of Town Check
Copy of Order of Conditions
242-1544, Request for Partial Bond Release, 26 Main Street (Jeffco, Inc.) (cont. from
7/8/15)
The applicant Douglas Ahern of Jeffco, Inc. is present.
Mr. Manzi recuses himself due to a conflict of interest.
The Conservation Commissions discusses the approved planting plan for 26 Main Street.
Mr. McDonough states he would prefer to see fewer plantings and have them survive than
plant more and have them not make it.
Mr. Ahern states he is having problems with neighbors and kids playing in the area which
has resulted in plant loss.
There is discussion of installing a fence with abutter but there is an issue with backing out of
the last unit. More space is needed.
Mr. Ahern states I think the month of September would be a better time the do the plantings.
A motion to grant the request for a continuance to September 23, 2015 meeting is made by
Mr. McDonough, seconded by Mr. Lynch.
Vote unanimous.
Election of Officer, Vice Chairman (cont. from 7/8/15)
A motion to continue this matter to the August 12, 2015 meeting is made by Mr. Lynch,
seconded by Mr. Mabon.
Vote unanimous.
Documents:
Bylaw Regulations
Administrator states with work ongoing for the Open Space Plan there has not been time for
this.
A motion to grant the request for a continuance to August 12, 2015 meeting is made by Mr.
McDonough, seconded by Mr. Mabon.
Vote unanimous.
Decision
242-1629, 4W High Street (Amended Order of Conditions)
Administrator reviews the amended Order of Conditions.
The Commission accepts the amended Order of Conditions as drafted.
A motion to approve and issue the amended Order of Conditions as drafted is made by Mr.
McDonough, seconded by Mr. Mabon.
Vote unanimous.
A motion to adjourn the meeting at: 9:30PM is made by Mr. McDonough, seconded by Mr.
Manzi.
Vote unanimous.