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Home My WebLink About2009-08-12 Conservation Commission Minutes Conservation Commission Meeting Minutes August 12,2009 Member Present: John J Mabon, Chairman, Louis A Napoli, Vice Chairman, Joseph W Lynch, Jr., Deborah A. Feltovic, Albert P Manzi, Jr , Sean McDonough Members Absent: Scott L Masse Staff Members Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:04 PM. Quorum Present. Pledge of Allegiance General Business 242-1399,Modification Request,245 Berry Street(Lot 2)(Stack)(Christiansen & Sergi, Inc.)(cont. from 7/22/09)(Request to coat. to 8/26/09) • A motion to grant the request for a continuance was made by Mr.Napoli and seconded by Ms. Feltovic • Vote unanimous (Mr McDonough and Mr Manzi abstain) 242-1412, COC Request,24 Crossbow Lane (Manning)(New England Engineering Services,Inc.) Note. Mr. Manzi and Mr McDonough arrive • Administrator presents differences between proposed plan and as-built • Mr Manning (homeowner) answers questions from the board • Mr Lynch discusses possible need for town to clear in/near swale in future • NACC agrees to minor changes on as-built plan with woods clearing behind shed to be noted on final as-built prior to issuance of COC • Motion to grant COC for 24 Crossbow Lane with as-built plan notation was made by Mr. Lynch seconded by Ms Feltovic • Vote unanimous (Mr McDonough and Mr Manzi abstain) 242-634,PCOC Request, 104 Colonial Drive (Lot 19)(Giuffrida)(Hayes Engineering,Inc.) • Administrator summarizes site visit to property • House moved across street to bring into compliance-discussion of history by board • Motion to grant PCOC for Lot 19, 104 Colonial Drive made by Mr Lynch and seconded by Ms. Feltovic • Vote unanimous 1 242-79A,PCOC Request,252 Raleigh Tavern Lane(Lot E)(Cohen, Esq.) • Summary of site visit by administrator—house and pool not within jurisdiction • Motion to grant PCOC for Lot E, 252 Raleigh Tavern Lane made by Mr Lynch and, seconded by Ms Feltovic • Vote unanimous 242-683,PCOC Request, 87 Foxwood Drive(Simmons) (Merrimack Engineering Services, Inc.) • Applicant present • Presentation by administrator-differences between proposed plan and as-built noted including driveway 10' closer and house larger • Mr. Manzi provides history of subdivision and notes this was one of the first the NACC handled Stormwater was major issue Not many issues with lot development • Motion to grant PCOC for#87 Foxwood Drive, Lot#6 made by Mr Lynch and seconded by Mr. Manzi • Vote unanimous 242-1279, COC Request, 189 Willow Street(Lot 4)(Chatterjee)(ESS Engineering& Survey Services) • Ms. Basbanes represented the applicant • Administrator presents summary of site visit and past enforcement orders • Ms Basbanes requests "friendly" enforcement order to conduct site regrading • NACC discusses grading • NACC discusses PCOC versus COC • Mr Lynch states he believes the applicant should re-file before further work on site • Mr. Lynch presents applicant option to withdraw or continue • Ms. Basbanes requests continuance on behalf of the applicant to 8/26/09 • Motion if made by Mr. Lynch and seconded by Ms. Feltovic to grant a continuance at the request of the applicant to 8/26/09 • Motion passes (5 in favor, 1 opposed(Napoli)) 242-1423,Modification Request,281 Blueridge Road (Skowronek)(New England Engineering Services,Inc.) • NACC reviews new fence plan and photographs • Mr. Skowronek(homeowner is present) • Discussion of new location and reasons for change • Discussion of need to file for work within 100' of resource area • Discussion of wildlife movement • Mr. Manzi states deer will jump 4' chain link • Administrator will review guidance for height off ground for small mammal and turtle movement 2 • Motion by Ms Feltovic seconded by Mr. Manzi to grant modification request for 281 Blueridge Road subject to wildlife habitat guidance review • Vote unanimous Small Project NACC#58,39 Granville Lane (Fotino) • Presentation of small project and timeline (work already done) by administrator • Motion by Mr. McDonough seconded by Mr Lynch to consider proposal under Section 4.4.2 of the bylaw as a letter J. • Vote unanimous • Motion by Mr McDonough second by Ms. Feltovic to grant the project as requested under letter J (not G as originally proposed by applicant). • Vote unanimous Enforcement Order Ratification 738 Waverley Road (Corrao) • Motion to ratify the Enforcement Order issued by the administrator made by Mr McDonough and seconded by Mr Lynch • Vote unanimous Request for Determination of Applicability 59 Salem Street, (Johnson) (Merrimack Engineering Services, Inc.) • The administrator summarized the project for the NACC • The homeowner's son, Patrick Johnson, was present to answer questions regarding the proposal • Mr. Lynch discusses water table and drainage issues and summarizes that the proposed water collection system will transport water similar to existing overland flows • Mr Napoli agrees • Mr. Mabon and Mr. Manzi agree that the collection system will improve the current sheet flow condition across the backyard • Board discusses water volume and agrees there will be no increase in volume to the swale • Abutters Tim Simpson and Cheryl Pierson of 58 Salem state their concerns including increase in water from other lots • Mr. Lynch states that the swale is not jurisdictional • Mr. Mabon states the NACC must limit its review to the scope of the Wetland Protection Act and would like to facilitate a solution between the neighbors • Mr. Lynch makes a motion to issue a Negative Determination(#1). Motion is seconded by Ms Feltovic. • Motion is 5 in favor 1 opposed (Mr McDonough) 3 Notice of Intent(s) 242-1428,Lot 4N-A Turnpike Street(Merrimack Condominiums)(One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.)(cont. from 7/22/09) • Mr McDonough is recused —he is an abutter to the proposed project • Mr. Hingoram, applicant requests an additional 90 day continuance • Patrick Garner,project representative discusses additional design work completed since last meeting • New plans have been done to comply with comments from Lisa Eggleston, outside review consultant for the NACC • Materials will be submitted to Eggleston Environmental next week • Mr Lynch asks what progress has been made to address issues with basements,perimeter drains and elevations of catch basins and rims • Mr. Garner states there is additional work to be done • NACC discusses escrow requirements • Mr. Manzi makes a motion to continue the public meeting for 90 days with re-notification of abutters required. The motion is seconded by Ms. Feltovic • Vote is unanimous (Mr. McDonough recused) 242-1458,Waverly Road (North Andover Division of Public Works)(Woodard & Curran)(cont. from 7/22/09) • Dave Daltorio of Woodard and Curran was present to represent the Town of North Andover DPW t • Mr. Daltorio presented new information requested at last meeting including delineation of additional wetland resource area, new erosion controls adjacent to guardrail at Cotuit Brook and alternative stormwater measures to address issues in Woodridge/Waverly area • New stormwater measures include high flow catch basin grates (double) which will increase water collection capacity • Mr Daltono presents revised plan • Mr Lynch and Mr Napoli discuss storm drainage issues • Mr.Napoli requests drainage in the Cemetery area also be addressed • Mr. Daltorio details paved drainage sluices and general repair of edge of roadway to address drainage issues up to Green Street • Mr. Lynch discusses bid process • Applicant requests 2 week continuance • A motion to continue the public meeting to August 26, 2009 is made by Mr Lynch and seconded by Ms. Feltovic • Vote is unanimous 242-1457, 60 Willow Street (The Dow Chemical Company)(BSC Group,Inc.)(cont. from 7/22/09) • There is no additional discussion on this agenda item 4 • A motion to close the public hearing and issue an Order of Conditions in 21 days is made by Mr Lynch and seconded by Ms Feltovic • Vote is 5 in favor, 1 abstention(Mr McDonough) 242-1460, 119 Liberty Street(Pavlik)(Merrimack Engineering Services,Inc.) • The administrator presents the proposed septic system repair to the NACC • The new system will be farther from resource areas than existing system • Wetland markers will be required, wetland markers are explained to Mr. Pavlik the applicant/homeowner • Mr. Manzi requests certification of vernal pool on property • NACC is waiting for Natural Heritage input on the proposal • A motion to continue the public meeting to August 26, 2009 is made by Mr. Manzi and seconded by Ms. Feltovic • The vote is unanimous 242-1459, 1001 Turnpike Street(Messina)(Christiansen & Sergi,Inc.) • Mr. Borentstein and Mr Christiansen are present to represent the applicant • Mr. Borentstem updates the NACC on the status of the ZBA permit(it has been obtained) • Mr Christensen, project engineer, states an ANRAD has been filed • Administrator recommends a site visit • The NACC discusses the need for outside review • Mr Lynch notes that there could be some bylaw jurisdiction, it depends on the ZBA permit • Mr. Lynch notes stormwater is the commission's jurisdiction • Mr.Napoli asks status of state street opening permit—Mr. Christiansen replies that local permits are needed first • Mr Lynch requests alternatives analysis for access to lots 14, 15, and 16 (access off Chestnut Street?) • Abutter Dianna De Ossie of 835 Chestnut Street discuss poor drainage in the area • Abutters also discuss beaver issues, larger wetland downstream, engineering review • An abutter at 1024 Turnpike Street expresses concern about discharge from pocket wetland • Mr. Christiansen confirms pocket wetland discharges to street drainage which daylights at storage place which discharges to Boston Brook • Mr Mabon suggests continuance for 2 weeks to allow NACC to review documents • Mr Lynch suggests NACC determine if further outside review is needed for wetland and stormwater issues after reviewing Hancock's reports • Frank Sarcia of Evergreen Drive grants NACC permission to access project site from his property • Copy of ZBA decision to be sent to NACC members • A site visit is set for Wednesday night August 19, 2009 at 5.30 • Mr Borenstein states abutters will not be permitted on the project site • A motion to continue the public hearing until August 26, 2009 is made by Mr Manzi and seconded by Ms Feltovic • Vote unanimous 5 242-1455,Rea's pond,Bridle Path,Winter Street(Division of Public Works)(Tutela Engineering Associates, Inc.)(cont. from 7/22/09) • There is no additional discussion on this agenda item • A motion to close the public hearing and issue an Order of Conditions in 21 days is made by Mr. Manzi and seconded by Ms. Feltovic • Vote unanimous Decisions 242-1457,60 Willow Street • A motion to issue the Order of Conditions as drafted is made by Mr. Manzi and seconded by Ms. Feltovic • Vote is 5 in favor, 1 abstention(Mr. McDonough) 242-1455,Rea's Pond, Bridle Path,Winter Street • A motion to issue the Order of Conditions as amended is made by Mr Manzi and seconded by Ms Feltovic • Vote unanimous Agricultural use License for Foster Farm • NACC signs A motion to adjourn the meeting at: 11:OOPM was made by Ms. Feltovic,seconded by Mr. Lynch. Unanimous. 6