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HomeMy WebLinkAbout2018-03-28 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes March 28, 2018 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr. Vice Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic, Sean F. McDonough and Douglas W. Saal. Members Absent: John T. Mabon Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:05 pm Quorum Present. Pledge of Allegiance Acceptance of Minutes February 28, 2018 and March 14, 2018 A motion to accept the minutes of February 28, 2018 and March 14, 2018 as drafted and reviewed is made by Mr. Manzi seconded by Ms. Feltovic Vote unanimous Request for Determination of Applicability 121 Abbott Street (Salini) (Downer Brothers Landscaping, Inc.) Angie Allen of Downer Brothers Landscaping represents the owner, Mr. Salini, in regard to the requested project at 121 Abbott Street. Ms. Allen reviews the history of the requested project and the changes to the landscape wall per the request of the Conservation Commission at the March 14, 2018 meeting. Mr. McDonough confirms that no waiver is required. A motion to grant a negative #3 Determination with pre and post construction inspections with monumentation markers is made by Ms. Feltovic seconded by Mr. Lynch. Vote, 6-0 unanimous Documents Email from Angie Allen dated 03/21/2018 Hardscape Plan dated 02/23/2018, revs.03/19/2018, prepared by Angie Allen Downer Brothers Landscaping 128 Dale Street (Mason) Mr. Steven Mason, owner 128 Dale Street, states that the proposal is for an addition of a single car garage with carport and an extension of the master bedroom to the existing single family home. The Administrator states that there is an ephemeral pool on the property. Mr. Mason states that he received three variances from the ZBA and due to the changes at the request of the ZBA, some of the project now falls within the buffer zones. The Administrators concerns are regarding the proposed plantings and where gravel will be installed. Mr. Mason is also asking for a small pervious turnaround area in the front of the home. The Commission and the Administrator state that a sketch would be required if the turnaround is requested. The Administrator states that there are several trees down and the applicant would like to clean them up as part of this project. A motion by Mr. Manzi to grant a negative determination #3 with pre and post construction inspections and monumentation markers. Conditions for Conservation Administrator review of a driveway turnaround is also required. Vote 6-0 unanimous Documents WPA Form 1 Request for Determination of Applicability, prepared by Steven Mason, dated 03/13/2018 Application Checklist Request for Determination of Applicability (RDA) prepared by Steven Mason, dated 03/13/2018 Letter, dated 03/12/2018 prepared by Steven Mason Proposed Garage Plan, dated 11/13/2017 revs. 02/1/18, 02/22/18 prepared by John McQuilin, JM Associates USGS Topographic Map Town of North Abutter List, dated 03/14/18 Notification to Abutters Notice of Intent (NOI) 242-1729, 213 Berry Street (Hancock) (Jonathan Bonney c/o 25 Hesper Street) Ann McMenemy of Hancock Associates presents the proposal on behalf of Jonathan Bonney, owner of 213 Berry Street. The proposal is to remodel the existing home, there is a current OOC on this property where a COC is outstanding but will be requested. The new proposal is to remove the existing shed, the septic system and leaching field and install a new force main connection to the town sewer system. The project includes a new driveway, walkway, landscaping and renovation of the existing home. The existing 2nd floor and roof will be removed and reconstructed using modern height construction standards. Mr. Lynch questioned if the second floor would have a deck, balcony or staircase. nd Ms. McMenemy states that the project does not have a deck, balcony or staircase off the 2 floor as part of the project. Mr. Lynch is questioning the foundation and if it will support the new second story. Ms. McMenemy states that the foundation support would be under review by the Building Department as part of the permitting process. The Commission discusses the potential need for foundation work and the ground disturbance that might occur. Mr. McDonough would like to know where the monumentation would be placed. The Administrator states that there is a lot of dumping in the wetlands and would like to see the wetlands cleaned up. Mr. Manzi asks if there is any need for an open field with an annual mowing with points agreed upon by the Conservation Administrator. Mr. Lynch would like the markers and open field determination marked on the As-Built plan. Mr. Manzi questions if the well is a working. Information should be provided to the Commission regarding the well and any work that would be needed. Mr. Lynch would like to know about the current open OOC and the need to close that project prior to the issuance of this order. Ms. McMenemy states the COC was previously requested but withdrawn. It will be added back to the next meeting. A motion to continue is made by Mr., Manzi to the April 11, 2018 meeting date. Vote 6-0 unanimous. Documents Application Checklist North Andover Conservation Commission Waiver Request Form WPA Form 3 Notice of Intent, dated 03/15/2018, prepared by Ann MaMenemy Hancock Assoc. NOI Wetland Fee Transmittal Form Copy of Checks for Filing fees to the Town of North Andover Project Description prepared by Hancock Associates Town of North Andover Abutters Listing, dated 03/12/18 Notification to Abutters North Andover Conservation Commission waiver Request Form, dated 03/15/2018 prepared by Jonathan Bonny. Letter, dated 03/14/2018 Alternative Analysis USGS Topographic Map North Andover Wetlands Regulations Riverfront Area Map Application Checklist Notice of Intent (NOI), dated 03/15/2018 prepared by Ann MaMenemy Permit Site Plan of Land in North Andover, dated 03/15/2018, prepared by Hancock Associates, Vaclav Talacko 242-1728, 500 Boxford Street The administrator gives the Commission a brief description of the project history. Attorney Brian Vaughan, Smolak and Vaughan is here to speak on behalf of the owners in regard to this project and the requested waivers. Dennis Griecci, Andover Consultants states the proposal does meet the setbacks for the Wetlands but is requesting waivers from the ephemeral pool buffers zones. In order to build the two new homes. Mr. Manzi questions as to how it would meet the setbacks. Mr. Griecci states that the leaching fields would be in the 100 foot and would need a waiver. The Commission is discussing the Ephemeral Pool versus a Certified Vernal Pool and the need for a waiver regardless for this request. Mr. Lynch explains why enforcing the ephemeral pool setbacks would not be a taking. Mr. Saal states other alternatives should be presented. Mr. Donovan presents his tax bill for one of the lots. He is informed that he is entitled to file for an abatement. Mr. Lynch states it is the right time of year to be looking at the vernal pools to see if they can be certified. Mr. Griecci questions the Commission as to what information they are looking for. Mr. Lynch, Mr. Napoli and Mr. Saal state they would like the ephemeral pool to be looked at by a qualified professional to see if it is in fact a Certifiable Vernal Pool. Mr. Manzi states the letter submitted by the abutters has been entered into the record. A motion is made to continue to the April 11, 2018 meeting by Mr. Manzi seconded by Mr. Lynch. Vote 6-0 unanimous Documents Alternatives Analysis, dated 03/12/2018, prepared by Andover Consultants Letter, dated 03/21/2018, prepared by Brian Vaughan, Smolak and Vaughan Attorneys at Law. Enforcement Order/Violation 63 Crossbow Lane (Duffy) The administrator gives background on this Enforcement Order and asks the commission to continue the matter to allow her to conduct measurements at the property. A motion to continue the to the April 28, 2018 meeting is made by Mr. Manzi and seconded by Ms. Feltovic Vote 6-0 unanimous 25 Hollow Tree Lane (Fixler) Greg Hochmuth of Williams and Sparages speaks on behalf of the property owner Mr. Larry Fixler. One of the requests from the last meeting was to put plantings in the No-Disturbance Zone as well as install a fence. Mr. Lynch asks if this is being done under the enforcement orders. The Administrator states it is but would also like to see this brought back to the Commission for the June 13, 2018 meeting. Larry Fixler owner of 25 Hollow Tree Lane questions the need to return for the June 13, 2018 meeting. The Administrator would like to see some regrowth on the remainder of the buffer zone. A motion to revise the enforcement order is made by Ms. Feltovic and seconded by Mr. Manzi. Vote 6-0 unanimous Documents Letter, Dated 03/07/2018 prepared by Gregory Hochmuth, Williams & Sparages General Business 242-491, COC Request, Taxiway E Construction (Stantec) (Lawrence Municipal Airport) A Motion to continue to April 11, 2018 at the request of the applicant is made by Mr. Lynch seconded by Ms. Feltovic Vote 6-0 unanimous Documents Email dated 03/28/2018 from Randall Christensen requesting a continuance until the April 11, 2018 meeting 242-872, COC Request, Taxiway B Rehibilitation (Stantec) (Lawrence Municipal Airport) A Motion to continue to April 11, 2018 at the request of the applicant is made by Mr. Lynch seconded by Ms. Feltovic Vote 6-0 unanimous Documents Email dated 03/28/2018 from Randall Christensen requesting a continuance until the April 11, 2018 meeting 242-1347, COC Request, Airport Vegetation Management Plan (Stantec) (Lawrence Municipal Airport) A Motion to continue to April 25, 2018 at the request of the applicant is made by Mr. Lynch seconded by Ms. Feltovic Vote 6-0 unanimous Documents Email dated 03/28/2018 from Randall Christensen requesting a continuance until the April 25, 2018 meeting 242-1642, COC Request, Runway 14-32 Safety Area Project (Stantec) (Lawrence Municipal Airport) A Motion to continue to April 25, 2018 at the request of the applicant is made by Mr. Lynch seconded by Ms. Feltovic Vote 6-0 unanimous Documents Email dated 03/28/2018 from Randall Christensen requesting a continuance until the April 25, 2018 meeting. 242-1627, COC Request, Great Lake Lane (TKZ LLC) (Christiansen & Sergi) The administrator gives some background on the project and the fact that some of the shrubs in the replication area have not survived. Thomas Zahoruiko applicant addresses the issues at the site and the timeline for getting them corrected. The Commission states the COC can be voted but will be held for the outstanding items to be completed. A motion to approved the COC is made by Mr. Manzi, seconded by Ms. Feltovic Vote 6-0 unanimous. Documents Letter, dated 02/22/2018 prepared by Philip Christiansen, Christiansen & Sergi, Inc. As-Built Plan, (40 scale) dated 02/28/2018 revs. 03/19/2018, prepared by Christiansen & Sergi, Inc. Letter, dated 02/22/2018 prepared by Thomas Zahoruiko WPA Form 8A Request for Certificate of Compliance Letter, dated 01/02/2018, prepared by Phillip Christiansen Statement of Acknowledgement concerning Order of Conditions 10 Great Lake Lot 1 Statement of Acknowledgement concerning Order of Conditions 20 Great Lake Lot 2 Statement of Acknowledgement concerning Order of Conditions 25 Great Lake Lot 3 Statement of Acknowledgement concerning Order of Conditions 15 Great Lake Lot 4 Statement of Acknowledgement concerning Order of Conditions 5 Great Lake Lot 5 As-Built Plan of Roadway, prepared by Christiansen & Sergi, dated 12/14/17, revs 01/02/18 Discussion 320 Stevens Street Emergency Certification A motion to ratify the Emergency Certification was made by Mr. Saal and seconded by Mr. Manzi Vote 6-0 unanimous 242-1719 Massachusetts Avenue/ Chickering Road (MassDOT) decision. The Administrator reviews the drafted Order of Conditions with the Commission. A motion to approve the Order of Conditions as drafted and amended is made by Mr. Manzi seconded by Ms. Feltovic. Vote 6-0 unanimous Adjournment A motion is made to adjourn by Mr. Manzi seconded by Ms. Feltovic Vote 6-0 unanimous