HomeMy WebLinkAboutCCMeetingMinutes_09.23.15
North Andover Conservation Commission Meeting Minutes
September 23, 2015
Members Present:
Louis A. Napoli, Chairman, Joseph W. Lynch, Jr., John T. Mabon, Deborah
A. Feltovic, Douglas W. Saal, Sean F. McDonough (arrived at 7:30 p. m.).
Members Absent:
Albert P. Manzi.
Staff Members Present:
Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge
Conservation Secretary.
Pledge of Allegiance
Meeting came to Order at: 7:02PM Quorum Present.
Approval of Minutes
A motion to accept the meeting minutes of 8/26/15 as drafted and reviewed is made by Ms.
Feltovic, seconded by Mr. Lynch.
Vote unanimous.
Public Meeting: 7:04 PM
Small Project
NACC#157, Harkaway Road (Comcast)
The applicant Edward Thomson of Comcast is present.
Mr. Lynch asked this area would hand dug.
Mr. Thomson states in certain areas the trench would be had dug.
Mr. Mabon asks how long the work will take and if a waiver request is needed.
Mr. Thomson states this is about 1 day of work.
Mr. Lynch states a waiver is not needed since there is no structure proposed.
The commission discusses the work very close to the existing fence.
A motion to accept this project as small project 4.4.2L is made by Mr. Lynch, seconded by
Mr. Mabon.
Vote unanimous.
A motion to approve the project 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
Letter prepared by Dewsnap Engineering Associates LLP dated September 14, 2015
Proposed Comcast Underground Conduit Plan prepared by Dewsnap Engineering dated
August 11, 2015
North Andover MIMAP prepared by Dewsnap Engineering Associates LLP dated September
11, 2015
FilTrexx Sediment Control prepared by Dewsnap Engineering Associates LLP dated
September 11, 2015
Request for Determination of Applicability
602 Boxford Street (Lot 1) (S & L Homes LLC) (Christiansen & Sergi, Inc.) (cont. from
9/9/15) (Request to cont. to 10/7/15)
The applicant requests a continuance to the October 7, 2015 meeting.
A motion to grant the request for a continuance to the October 7, 2015 meeting is made by
Mr. Saal, seconded by Ms. Feltovic.
Vote unanimous.
Document:
E/Mail prepared by Christiansen & Sergi, Inc. requests a continuance to the October 7, 2015
meeting dated September 23, 2015
Abbreviated Notice of Resource Area Delineation
242- , 303 Chestnut Street (Busby) (Rimmer Environmental Consulting LLC)
The Conservation Commission waives the reading of the legal notice. Abutters present are
Keith K. Wentzel of 294 Chestnut Street and Bryan J. Foulds of 274 Chestnut Street.
Mary Rimmer of Rimmer Environmental Consulting, LLC presents the delineation of the
property. She submits the green cards and revised plans.
Philip A. Busby of 9 Pond Lane, Atkinson, NH states the family has owned the land since
-Disturbance Zone should be on the plan.
Mr. Wentzel, an abutter, asks about the ANRAD process.
The commission discusses the revised plan and asks about a structure shown on the plan.
Mr. Busby discusses the potential for lots.
Ms. Rimmer states a revised plan will be done removing the building footprint and the
original lot lines.
A motion to grant the requests for a continuance to the October 7, 2015 meeting is made by
Ms. Feltovic, seconded by Mr. Lynch.
Vote unanimous.
Documents:
Application Checklist-Abbreviated Notice of Resource Area Delineation
WPA Form 4A-Abbreviated Notice of Resource Area Delineation
Areas Delineation
Fees
Signatures
ANRAD Wetland Fee Transmittal Form
Copy of State and Town Check
Certified Abutters List dated August 27, 2015
Notification to Abutters Form
USGS Map prepared by Rimmer Environmental Consulting, LLC dated July 27, 2015
Locus Map prepared by Rimmer Environmental Consulting, LLC dated July 27, 2015
Delineated Field Form prepared by Rimmer Environmental Consulting, LLC dated July 27,
2015
Indicators of Hydrology Form prepared by Rimmer Environmental Consulting, LLC dated
May 8, 2015
Delineation Field Form prepared by Rimmer Environmental Consulting, LLC dated May 8,
2015
Indicators of Hydrology Hydric Soil Interpretation dated May 8, 2015
Plan of Land prepared by Donohoe Survey, Inc. dated August 5, 2015
Notice of Intent (NOI)
242-1659. 415 Winter Street (Grimaldi) (Benjamin C. Osgood, Jr., P. E.) (cont. from 9/9/15)
The applicant Francesca Grimaldi of 415 Winter Street and Benjamin C. Osgood, P. E. are
present.
The Administrator states an alternatives analysis is needed for the shed. She does not believe
the retaining wall needs a waiver.
Mr. Osgood states the plan was updated with the wetland flag change. No fence is needed as
the . He states the shed in its current location will not have
an impact on the wetland. He states debris could be removed from the wetland as mitigation.
The commission discusses alternatives for the shed.
The commission discusses the debris in the wetland.
The commission agrees the shed has to be moved outside of the 50-Foot No-Build zone.
Mr. Napoli asks about access.
Mr. Osgood states it will be off of the existing drive.
A motion to close and issue a decision within 21 days is made by Mr. Lynch, seconded Ms.
Feltovic.
Vote unanimous.
Documents:
North Andover Conservation Commission Waiver Request Form prepared by Benjamin C.
Osgood, Jr. P. E. dated September 16, 2015
Letter prepared by Division of Fisheries & Wildlife dated September 10, 2015
Photos prepared by The North Andover Conservation Department dated August 19, 2015
North Andover MIMAP Aerial prepared by The North Andover Conservation Department
dated August 20, 2015
North Andover MIMAP Aerial prepared by The North Andover Conservation Department
dated August 20, 2015
242-1657, 777 Great Pond Road (Ibbitson) (Williams & Sparages) (cont. from 9/9/15)
Administrator reviews the requests of the Planning Board to include a restriction on
fertilizers, herbicides and pesticides in the OOC. They also asked for a crushed stone
construction entrance.
Mr. Lynch asks if Planning Board approval will be required if additional material is needed
for the site.
Mr. Hochmuth states not likely going to exceed thresholds.
A motion to close and issue a decision within 21 days is made by Mr. McDonough, seconded
by Ms. Feltovic.
Vote unanimous.
Documents:
Letter prepared by Williams & Sparages Watershed Protection District dated August 25,
2015
Letter prepared by the North Andover Interim Town Planner Jean Enright dated September
16, 2015
Plan to Accompany Notice of Intent prepared by Williams & Sparages dated August 12, 2015
Photos prepared by the North Andover Conservation Department dated August 19, 2015
Oliver MA GIS online Mapping prepared by the North Andover Conservation Department
dated August 20, 2015
242-1656, 95 Old Cart Way (Murtha III) (Markey Land Development Consulting) (cont.
from 9/9/15)
Administrator states the applicant did not make the 7 day submission deadline and is
requesting a continuance to the October 7, 2015 meeting.
A motion to grant the continuance to the October 7, 2015 meeting is made by Mr. Mabon,
seconded by Ms. Feltovic.
Vote unanimous.
Document:
E/Mail prepared by Thomas Murtha III requests a continuance to the October 7, 2015
meeting dated September 23, 2015
242-1634, 50 Royal Crest Drive (Pond Redesign) (AIMCO North Andover, LLC)
(Cornerstone Land Consultants, Inc.) (cont. from 8/26/15)
Administrator states the applicant requests to withdraw without prejudice.
A motion to accept the withdraw without prejudice is made by Mr. Lynch, seconded by Mr.
Mabon.
Vote unanimous.
242-1635, 50 Royal Crest Drive (off site Inlets) (AIMCO North Andover, LLC)
(Cornerstone Land Consultants, Inc.) (cont. from 8/26/15)
Administrator states the applicant requests to withdraw without prejudice.
A motion to accept the withdraw without prejudice is made by Mr. Lynch, seconded by Mr.
Mabon.
Vote unanimous.
NACC#126, COC Request, 107 Campion Road (Saragas) (Andover Consultants, Inc.)
(cont. from 9/9/15)
Administrator states there are a number of dead plantings within the rain gardens and an
eroded area outside of the first rain garden.
The commission discusses replanting and if more than 2 weeks is needed.
A motion to grant the requests for a continuance to the October 7, 2015 meeting is made by
Mr. Lynch, seconded by Ms. Feltovic.
Vote unanimous.
Documents:
Letter prepared by Andover Consultants requesting Certificate of Compliance dated August
17, 2015
WPA Form 8A-Request for Certificate of Compliance
As-Built Plan prepared by Andover Consultants dated August 11, 2015
Photos prepared by the North Andover Conservation Department dated September 15, 2015
Photos prepared by the North Andover Conservation Department dated October 7, 2015
242-1544, Request for Partial Bond Release, 26 Main Street (Jeffco, Inc.) (cont. from
8/12/15)
Administrator states the plants have been installed and shows the commission photos.
Mr. Napoli recommends the commission release 1/3 of the bond.
A motion to release $5,000 of the $14,500 is made by Mr. Mabon, seconded by Ms. Feltovic.
Vote unanimous.
Document:
Photos prepared by the North Andover Conservation Department dated September 22, 2015
242-1630, COC Request, 75 Summer Street (Herrick) (LJR Engineering, Inc.) (Request to
cont. 10/7/15)
Administrator states the applicant requests a continuance to the October 7, 2015 meeting.
A motion to grant the requests for a continuance to the October 7, 2015 meeting is made by
Mr. Saal, seconded by Ms. Feltovic.
Vote unanimous.
Document:
E/Mail prepared by Herrick Development, LLC requesting a continuance to the October 7,
2015 dated September 21, 2015
242-1566, COC Request, 95 Olympic Lane (Verminski) (Goddard Consulting, Inc.) (cont.
from 9/9/15)
Administrator states the applicant requests a continuance to the October 7, 2015 meeting.
A motion to grant the requests for a continuance to the October 7, 2015 meeting is made by
Ms. Feltovic.
Vote unanimous.
Document:
E/Mail prepared by Michelle Verminski requests a continuance to the October 7, 2015
meeting dated September 21, 2015
242-1601, PCOC Request, 19-21 Cotuit Street (Seaport Homes, LLC) (TTI Environmental,
Inc.) (cont. from 9/9/15)
Mr. Lynch is recused.
The Administrator reviews the drafted enforcement order requiring the applicants of the two
projects to complete the stormwater management system and establish a homeowners
association for maintenance as required by the OOCs.
Mr. Napoli states lack of compliance with the EO by the deadline would mean fines
retroactive to 9/23/15.
Mr. Napoli and Mr. McDonough state the EO should go to all of the homeowners as well.
A motion to issue an enforcement order as drafted and amended to all homeowners is made
by Mr. Mabon, seconded by Ms. Feltovic.
Vote unanimous.
Document:
Enforcement Order Letter prepared by the North Andover Conservation Department dated
September28, 2015
242-1620, COC Request, 179 Osgood Street (North Andover Historical Society) (TTI
Environmental, Inc.) (cont. 9/9/15)
Administrator states the erosion controls are still not removed.
A motion to grant the requests for a continuance to the October 7, 2015 meeting is made by
Mr. McDonough, seconded by Ms. Feltovic.
Vote unanimous.
Document:
E/Mail prepared by TTI Environmental, Inc. requesting a continuance to the October 7, 2015
meeting dated September 4, 2015
Bylaw Regulations Revisions (cont. from 8/12/15)
Administrator states Eggleston Environmental will be working on these.
A motion to grant the requests for a continuance to the November 4, 2015 meeting is made
by Mr. Lynch, seconded by Mr. Mabon.
Vote unanimous.
Decision
242-1657, 777 Great Pond Road
Administrator reviews the draft Order of Conditions.
The Commission accepts Order of Conditions as drafted and amended.
A motion to accept the Order of Conditions as drafted and amended is made by Mr. Mabon,
seconded by Ms. Feltovic.
Vote unanimous.
A motion to adjourn the meeting at: 8:05PM is made by Mr. McDonough, seconded by Mr.
Lynch.
Vote unanimous.