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Home My WebLink About2008-01-23 Conservation Commission Minutes Conservation Commission Meeting Minutes January 23,2008 Members Present: Albert P Manzi, Jr , Chairman, Scott L Masse, Vice Chairman, Deborah A Feltovic, Sean F McDonough, Louis A Napoli Members Absent: Joseph W Lynch, Jr , John J Mabon Staff Members Present: Alison E McKay, Conservation Administrator, Donna M Wedge, Conservation Secretary Scott L. Masse arrived at the meeting at: 8:20 P. M. Albert P. Manzi,Jr., left the meeting at: 9:20 P. M. Meeting came to Order at: 8:10 P. M. Quorum Present. Pledge of Allegiance General Business 242-1407, Modification Request, Lot 4N Turnpike Street, Lot IN, Lot 2N, & Lot 3N Berry (One Hundred Fourteen Trust)(Garner Company, Inc.)(cont from 1/9/08) The Applicant Peter Hingoram of One Hundred Fourteen Trust and Lawyer Donald F Borenstem of Johnson& Borenstem, LLC, Patrick C Garner of Garner Company, Inc and John Barrow the applicant's builder were present Mr McDonough left the room because an abutter to this project Mr Manzi stated with the area the Conservation Commission would need access to the Open Space area because Boy Scouts may want to do study on the property some kind signage so people would know how access Mr Manzi stated I am going to ask the applicant because your lawyer made a mistake on the first modification Town Counsel is present you should pay the cost Town Counsel in the amount of$150 dollars the applicant agreed to pay the amount Condition#47 Security, the form of which shall be governed by provisions of G L c 41, s 8 1 U (excluding the statuary covenant which shall not apply in is matter) and shall be approved as to form by the NACC, shall be provided in the amount of$55,740 (18,580 s f of wetland replication x $3 per s f)to the Town of North Andover, which shall be in all material respects reasonably satisfactory to the NACC, and shall be posted with the North Andover Town Treasurer through the NACC, and shall be released upon issuance of the COC for the project, provided that provisions, reasonably satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature The applicant may propose a release schedule keyed to completion of specific portions of the project for NACC' s review and consideration in its discretion Condition#47 amended Unanimous The Natural Heritage Declaration of Restriction would be continued to February 13, 2008 meeting A motion to continue to February 13, 2008 meeting was made by Mr Masse, seconded by Mr Napoli Vote 4 to 1 242-1324, COC Reguest, 11 Appleton Street(Heinze)(Giles Surveying) The applicant Mr & Mrs Andrew Heinze was present Ms McKay stated the applicant requested to continue to February 13, 2008 meeting A motion to continue to February 13, 2008 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous No Recess Public Hearings: 8:30 P. M. 242-1398, 575 Osgood Street (Edgewood Retirement Community,Inc.)(Christiansen & Sergi, Inc.) (cant. from 1/9/08) Robert W Lavoie, of Devine Millimet Attorneys at Law, Tony Capachietti of Christiansen & Sergi, Inc , Stacey Furlong of Linbeck was present Ms McKay stated the paperwork has been sorted and reviewed and draft decision has been prepared FYI the next meeting is 3 weeks out so if close, can't review again before 21 days Draft decision is lengthy and needs additional clean up and review from the Commission. There are many items conditions that I would lake to discuss with the Commission tonight I would recommend going thru draft decision tonight Mr McDonough stated there should be fiscal barriers 2' x 2' stonewalls or fences to protection of the resource areas Ms McKay stated there would have to be soil testing done in areas before construction and O & M Plan Some items still outstanding extension of the erosion controls Mr Manzi stated the roadway is wide enough for large tractor to go down the roadway Mr Capachietti yes the roadway 25-feet wide Also about the parking at Half Mile Hill three parking areas there now I know people that walk the area parking within Edgewood Parking Areas This is ok with Edgewood to still allow people using the area for parking areas or may be when doing your expansion you may add a few more parking spots for Half Mile Hill Mr Manzi stated meet with the engineers have your list of all your requirements on the project have meeting then we can have draft decision ready by the next meeting A motion to continue to February 13, 2008 meeting was made by Mr Masse, seconded by Mr Napoli Unanimous 242-1401, Lot 2 Forest Street(Plasinski)(Professional Land Services)(cont. from 1/9/08) The applicant Mr Paul Plasinski and Town Counsel Thomas J Urbelis was present Ms McKay stated the applicant is present to discuss the status with Natural Heritage to date Specifically, Natural Heritage has required plan revisions and the applicant wishes to discuss these revisions prior to revising the plans Note the department has not received any formal notices from Natural Heritage in regards to the project and the revisions required All formal documents between applicant and Natural Heritage should be forwarded to the office for the file/record as with other projects Staff should not be calling the applicant to get an understanding of what progress has been made prior to each meeting Submitting the relevant documents would alleviate this In addition,the applicant submitted a letter dated 1/14/08 which states that David Laurie is no longer representing attorney The letter further states that the Conservation Commission has delayed an approval because of Natural Heritage requirements and again requests that the North Andover Conservation Commission delete the monetary demand or at least reduce the amount which was agreed to in the settlement because of Natural Heritage requirements Mr Plasinski stated I have no letter from Natural Heritage yet I have sketch with inground pool, patio, deck and shed approved by Natural Heritage I called my engineer to send Natural Heritage revised plans Mr Plasinski stated he has been talking to Rebecca at Natural 2 Heritage Mr Masse stated the Conservation Commission might agree to Natural Heritage restriction on the property The Conservation Commission would need to see a new plan once you have settled with Natural Heritage Ms McKay stated she would talk to Rebecca of Natural Heritage to see if l can get some paper work from Natural Heritage stating they have been working with the applicant on this project Mr Plasinski stated you might have to delete the requirement of Shrubs because of Natural Heritage, also submit this paperwork to Zoning Broad of Appeals A motion to continue to February 13, 2008 meeting was made by Ms Feltovic, seconded by Mr McDonough Unanimous Decision 242-1419, 70 Ogunquit Road-Lot 1 No one was present Ms McKay stated the bond amount set at $3,000, erosion controls, condition#30, the applicant present owner of record recognizes that portions of the proposed driveway is located within Town Utility and Access Easement, but choose not consider an alternative location for the driveway The applicant/present owner of record requested the NACC to approve the location of the driveway as proposed assenting to the approach that any future work affecting the driveway within said easement would be at the expense of the applicant of record Peter& Kerry Breen or their legal heirs primarily, or secondly, the current owner of record and not the with the Town This condition shall remain in perpetuity of this Order, wetland flags R48 and WF90 thru WF 100 on the site only as shown on approved plan referenced herein, all other wetland flags shown on approved plan were not reviewed and therefore not approve A motion to accept the Order of Conditions as amended was made by Ms Feltovic, seconded by Mr Napoli Unanimous A motion to adjourn the meeting at: 10:15 P. M. was made by Mr. McDonough, seconded by Mr. Napoli. Unanimous. 3