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HomeMy WebLinkAbout2007-04-11 Conservation Commission Minutes 1� Conservation Commission Meeting Minutes April 11, 2007 Members Present: Scott L Masse, Chairman, and Albert P Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr , Sean F McDonough, and Louis A Napoli Members Absent: John J Mabon, Deborah A Feltovic Staff Member Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:11 P. M. Quorum Present. Pledge of Allegiance General Business 242-1274, COC Request, Lot 15 Gray Street# 174 (The Litchfield Company, Inc.)(Eastern Land Survey)(cont. from 3/28/07) No one was present Ms Merrill stated Mr Lynch wanted to conduct site inspection to examine the 8" pipe that is located under the driveway that facilitates stormwater runoff from Gray Street and directs the water towards the wetland via grass swale This would mimic pre-existing conditions the runoff used to sheet flow over the property towards the wetland Mr Lynch stated I went out over the weekend and took a look the pipe that runs under the driveway and how much silt and sand was there but was not that bad at all I am fine with my finding A motion to issue the COC and release the bond was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-78, PCOC Request, 5 Crossbow Lane (Leonard) No one was present Ms Merrill stated the Order of Conditions was issued in February of 1980 for the 43-lots Ingalls Crossing subdivision This is non jurisdictional lot This owner is seeking a PCOC to clear the title A motion to issue the PCOC for 5 Crossbow Lane only was made by Mr McDonough, seconded by Mr Napoli Unanimous Small Project Review NACC#28, 65 Thistle Road (Peters Construction) No one was present Ms Merrill stated this is 4 4 K small project 225 s f in kind deck adding 5 sono tubes to support the three-season room with a roof, erosion controls silt fence hay bales the small project Order expires December 1, 2007 Mr Manzi stated the soil and leftover concrete would have to be removed off site The roof might be an issue with water release off the roof Ms Merrill stated the topo of the land flat the 25-foot area is very thick vegetated area I due not think there would be problem with erosion and the project 65-feet away the from the wetland line All work will done by hand no machinery concrete poured by hand conditions pre-construction meeting, post construction meeting Mr Manzi have someone take pictures while the work is being done so we can have record on the file if any problem with erosion A motion to ratify this as a small project was made by Mr Lynch, seconded by Mr Napoli 4 to I Vote 1 NACC#30, 37 Court Street(Gobeil) No one was present Ms Merrill stated 4 4 A the small project is for razing existing deck 12' x 14' deck replacing with a 9' x 12' would be terraced to attach one step down no roof open slotted decks The closest point to the wetland resource area would be 62-feet away the stream that runs though the property thru this area erosion controls pre-construction meeting post-construction meeting The Order would expire December 1, 2007 A motion to ratify this project as a small project was made by Mr Lynch, seconded by Mr Napoli Unanimous Enforcement Order Ratification Ridge Trail at Mazurenko Farm Tom Powers of Friend's of North Andover Trails was present Mr Powers stated maintain the area clean up some brush the work would be done by hand clean up some lower brush that has started to grow back since last year Install some trail markers, leave the brush for the wildlife habitat in the area A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Mr Napoli Unanimous Cost Estimate for gate at Half Mile Hill Ms Merrill stated the cost of the swing gate 15-feet by 17-feet opening cost $585 00 Mr Manzi stated we could go for some CPA money for the gate but that would take along time A motion to appropriated $585 00 out the filing fee account was made by Mr Manzi, seconded by Mr Napoli Unanimous No Recess Public Hearings: 8:00 P. M. Request for Determination of Applicability 24 Gilman Lane (Gikas)(Eisenhaure) The applicants George & Cheryl Gikas was present Mr McDonough read the legal notice Ms Merrill stated the applicant has submitted RDA for the installation of an in-ground pool, spa, patio and gate within the Buffer Zone to a Bordering Vegetated Wetland The kidney-shaped pool will be 13'x 2300 in size with a paver patio, which will contact to the existing brick patio The work is proposed 60 6' from WF Al I at its closest point The pool will be placed within the existing lawn, therefore there is no trees or shrubs removal proposed There will minimal to no grading due to the flatness of the existing lawn area relative to the location of the proposed pool The erosion controls are proposed along the existing mulch bed 40' from the Bordering Vegetated Wetland The pool filtration system and heater is proposed to the left of the existing porch along the 100' Buffer Zone line The pool's filtration system requires no backwashing or chemicals The project has been designed to create as little disturbance to the Buffer Zone as possible The wetland areas were flagged in the summer of 2006 by William Manuel and were approved by this department The majority of the flags are located off property, as A6, A7, Al 1, Al2 were approved A motion to issue a negative determination was made by Mr Manzi, seconded by Mr Lynch Unanimous 2 Abbreviated Notice of Resource Area Delineation 242-1390, 210 Holt Road (TBI, Inc.)(Brown and Caldwell)(cont. from 3/28/07) The applicant William Thomson and Phil Jagoda of Brown and Caldwell was present Ms McKay stated the site was re-viewed in the field The resource area flags were down as a result of the airport project The off property resource area is obvious and matches the approved airport delineation This resource area clearly does not show characteristics of a vernal pool habitat Plans were revised to depict the 200' Riverfront setback from Creek Brook across Holt Road During the most recent field review, I was informed that the applicant recently purchased Lot 1 in the fall of last year assessors information indicates that a Dorothy M Zanm of Reading, MA was the previous owner Then Julie's memo and other documents specifically information found in the TBI report prepared by Brown and Caldwell became clear, as I was not aware of the recent property purchase Julie's memo refers to an isolated area off property at the base of the concrete wall The concrete block retaining wall is noted on the plan along the western property boundary for Lot 1 and topography on lot 1 appears that is would support an isolated area of ponding water In speaking Julie directly, she recalled that the wetland grasses and sedges were present, but added someone could easily consider the area to be a low laying ponded area without knowing that it is was a jurisdictional area The draft EIR for the Recycle & Transfer station prepared by Brown and Caldwell dated September 2004 states the survey did indicate that the proposed project site includes a small area about 12,000 s f at the southeastern corner which is within the 100-foot buffer zone of a neighboring wetland area The survey refers to a wetland survey conducted by Epsilon Associates on August of 2004 Epsilon's survey however, does not mention this covered with sand material and equipment Plans reference that topographic information was surveyed in September of last year Arial photos appear to show a wet area on this lot No comments from DEP Mr Thomson stated there was a foundation on the lot and removed the foundation last fall Ms McKay I think we need to third party wetland scientist reviews these areas with me A motion to set third party escrow account in the amount of$1,000 for Seekamp Environmental Consulting to review the wetland for this project was made by Mr Manzi, seconded by Mr McDonough Unanimous A motion to continue to April 25, 2007 meeting was made by Mr Manzi, seconded by Mr Napoli Unanimous Notice of Intent (s) 242-1386, Bradford Street, Sutton Hill Road, Thistle Road, and Woodbury Lane (Town of North Andover DPW)(SEA Consultants, Inc.)(cont, from 3/28/07) No one was present Ms McKay stated we were just waiting for comments from DEP No comments from DEP A motion to close and issue a decision within 21 days was made by Mr McDonough, seconded by Mr Lynch Unanimous 242-1387, 116 Marbleridge Road (Innovative Properties, Inc.)(Rimmer Environmental)(cont. from 3/28/07) Mary Rimmer of Rimmer Environmental Consulting, LLC was present Ms McKay stated we are just waiting results from Natural Heritage Endangered Species Mary Rimmer stated they said we should be hearing from by next week A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Mr Lynch Unanimous 3 242-1389, 870 Great Pond Road (McCluskey)(Sullivan Engineering Group,LLC)(cont. from 3/28/07) John Sullivan of Sullivan Engineering Group, LLC was present Mr Sullivan stated the applicant wants change the size of the addition make it a little smaller 6x15 Ms McKay stated no comments from DEP A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1385, 2009 Salem Street (Juniper Woods Realty,LLC)(Merrimack Engineering Services, Inc.)(cont. from 2/28/07) John Murphy of Merrimack Engineering Services, Inc was present Ms McKay stated drainage review comments were received from Lisa Eggleston on March 30'h The review letter is seven pages with many items needing to be addressed Mr Murphy stated soil type is very bony Mr Lynch stated the Conservation Commission needs to have test pits done through the site to see how high the ground water is in the areas and soil types that are present on the site also There also should an O & M plan should be in place before the Order of Conditions is issued Also need TSS removal with and robust treating of the stormwater NEPA with the steep slopes here on this site the stormwater management plan needs to be in place before development to contain the run-off from the slopes areas A motion to continue to May 9, 2007 meeting was made by Mr Manzi, seconded by Mr Lynch Unanimous NACC# 27, 80 Holly Ridge Road(Marroni)(Rimmer Environmental Consulting, LLC) Mary Rirnmer of Rimmer Environmental Consulting, LLC was present Mr McDonough read the legal notice Ms McKay stated the filing is for the installation of an mground pool, shed, retaining walls and associated landscaping within the Buffer Zone to an Isolated Vegetated Wetland Other landscaping activities, a portion of the pool, and addition is proposed beyond the 100' buffer zone Isolated Vegetated Wetland local jurisdictional only Existing conditions include a single-family dwelling, deck, driveway, and associated yard and landscaping features The property consists of 126 acres and was built in 1988 The lot was part of the Holly Ridge Subdivision/Deerfield Lane filing 242-348-Lot 9 A PCOC was issued for the lot and a COC was issued for the filing however the as-built plan for this lot was not found in the file The work conform to the 25-foot No-Disturbance zone and 50-foot No-Build zone The wetland resource area is a surface and groundwater fed isolated wet meadow of approximately 3,000 s f to the westerly portion of the lot at the edge of lawn The resource area is not connected by either surface flow or direct culvert connection to any other wetland or water body In looking through the original file, there did not appear to be on this lot previously and appears to have been created as a result of the construction of the roadway which cut off existing natural flows The 25-foot no-disturbance zone has therefore been historically maintained as lawn Rimmer Environmental Consulting, LLC, flagged the resource area Although clear in the field, majority of the flags were missing at the time of review, as the owners children had taken them down Flags need to be re-established in the field prior to closing The erosion controls silt fence only are proposed upgradient to the resource area, but don't extend towards Holly Ridge Road The erosion controls should continued to the road, since activities are proposed upgradient of this area and resource area extends downgradient of this area Rimmer Environmental will revise the plans showing extension of the erosion controls and to include an erosion control detail consisting of haybales and silt fence The applicant has started the work excavation prior to filing because they were not aware there was a jurisdictional resource area on the property Staked 4 haybales are securely in place to prevent migration of soils and impacts to the resource area The site is not located within estimated of priority habitat Mosquito Brook traverses behind the homes on the other side of the road significantly downgradient to this lot and therefore outside 200' Riverfront Area and outside of 100-year floodplain Mr Manzi stated when they come back for a COC there should be at least a P E stamp on the plan or P L S stamp on the plan A motion to continue to April 25, 2007 meeting for revised stamped plans by P E or P L S was made by Mr Manzi, seconded by Mr Lynch Unanimous NACC# 29, 12 Bonny Lane (Bonny Lane Realty Trust)(The Neve-Morin Group, Inc.) Greg Hochmuth of The Neve-Morin Group, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for construction of a single-family dwelling, driveway, retaining wall, installation of utilities, stormwater management structures, water quality swale & roof infiltration trench, removal of an paved area for restoration and associated grading within the Buffer Zone to an Isolated Vegetated Wetland local jurisdictional only The lot is also located within the buffer zone Watershed Protection District and has received a Watershed Special Permit from the Planning Board An ORAD was issued in January of this year for approval of the Buffer Zones associated with the resource area only since the resource area is located off property although permission to access the abutting property was granted by the abutter The ORAD noted the following observations of the resource area the resource area appeared to be isolated of greater than 1,000 s f in size and therefore jurisdictional locally, the resource area appeared to be greater than 5,000 s f in size and therefore may be federally jurisdictional, the resource area did not appear to qualify as Isolated Lane Subject to Flooding, and the resource did not appear to qualify as a vernal/ephemeral pool The ORAD is included with the Notice if Intent The Order should condition that any applicable state or federal permits should be applied for and received prior to any construction activities All work activities are proposed outside of the 50-foot No-Build zone and 25-foot No-Disturbance zone with exception to small portion of a restoration area, which falls within the 50-foot No-Build zone The area to be restored is located within a utility easement which, in accordance with the old file plans, traverses to the rear of the lot see attached plan for clarity of utilities easement Because the lot within the Watershed Protection District, the proposed work requires on site stormwater management A stormwater analysis was submitted with the application and have been reviewed and approved by Planning Board The lot currently being used as a lawn area to abutting Haffner/Fournier lot The manicured lawn area extends into the 25-foot No-Disturbance zone Restoration of this area should be considers A physical barrier should be proposed upgradient to and along the 25-foot No-Disturbance zone The Conservation Commission was discussing about the utility easement thru the property the applicant would have to check with Town Engineer Gene Willis to get information on the easement on the property Mr Manzi stated a requirement of the installation continuance stonewall 2 x 2 around the property line to protect the resource areas A motion to continue to April 25, 2007 meeting for revised plans was made by Mr Manzi, seconded by Mr Lynch Unanimous 5 242-1395, 59 Appleton Street(Vellante)(Sullivan Engineering Group, LLC) The applicant Beth Vellante and John Sullivan of Sullivan Engineering Group, LLC was present Mr McDonough read the legal notice Ms Merrill stated the applicant filed for the construction of 2 additions, deck, above ground pool with an attached deck within the Buffer Zone to a Bordering Vegetated Wetland The work is being proposed within existing lawn and does not require the removal of any trees or shrubs The wetland boundary was identified by Norse Environmental and was approved by this department Only WF 4A-7A and 9A were approved as part of this application Portions of the 25-foot No-Disturbance zone have been historically maintained as lawn The existing deck along the rear facade of the house will be demolition in order to accommodate the new 22' x 24' addition and 14' x 16' deck The wetland is 69 9' from the addition and 79 3' to the deck at its closest point The seconded addition 14' x 24' is proposed along the left side of the house A section of this addition is located outside of the Buffer Zone Both additions require minimal to no grading due to the flat topography However, may require two trees The pool will be placed 53 4' to the edge of the wetland at its closest point Erosion controls will be placed along the existing tree line, wrapping around the entire backyard The project is still under review with DEP Mr Sullivan stated the homeowner will be removing the shed Mr Napoli stated is there enough room for the pool and the soil stockpiling is a very tight area Mr Lynch stated there should be perimeter dram around the house to keep the ground water clean put some crushed stone for drainage A motion to continue to April 25, 2007 meeting was made by Mr Manzi, seconded by Mr McDonough Unanimous 242-1391, 1077 Osgood Street (Angus Realty Corporation)(Lynnfield Engineering,Inc.) The applicant Kenneth Yameen and Richard Barthelmes, P E of Lynnfield Engineering, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for the expansion of a parking lot and associated grading activities within the Buffer Zone to a Bordering Vegetated Wetland associated with Watershed Protection District An underground stormwater system is also proposed, but will be outside the buffer zone An additional request to construct a small access ramp within existing paved areas to the rear of the existing building within the buffer zone to an additional resource area was submitted on April 10"' to be included as part of the project filing The access ramp is proposed 55 1 feet from the resource area at closest point Epsilon Associates, Inc , delineated the wetland resources areas on the site in May of 2006 Three-wetland resource areas were delineated a Bordering Vegetated Wetland located across Great Pond Road associated with the Lake, a Bordering Vegetated Wetland located across Osgood Street, and a Bordering Vegetated Wetland to the east rear of the project site The resource areas have been reviewed and approved The parking lot expansion is being proposed, as the existing parking area at facility does not meet current parking needs Parking would increase by a total of 67 the grading will occur approximately 66' from the wetland resource area at its closest point A wooden guardrail is proposed around the parking area at approximately 80+feet from the resource area at the closest point The parking area itself is proposed at approximately 85 feet from the resource area at its closest point The erosion controls consisting of haybales and silt fence are proposed around the projects limits A portion of the southern property entrance will need to be shifted north to make room for the new parking layout, but curb cut and pavement within the right-of-way of Osgood Street will remain unchanged The stormwater from proposed pavement as well as paved areas formerly routed into CB53 is proposed to be routed into two new catch basins and then to the proposed subsurface detention system A stormwater analysis report and calculations were submitted, as well as an Erosion and 6 Sedimentation Control Plan and O & M Plan The site is not located within Estimated or Priority Habitat DEP file#received, but still under review Set-up escrow in the amount of$3,000 for outside stormwater drainage review A motion to set-up escrow account in the amount of$1,000 for third party review on drainage was made by Mr Manzi, seconded by Mr Lynch Unanimous A motion to continue to May 9, 2007 meeting was made by Mr Manzi, seconded by Mr Lynch Unanimous 242- ,350 Holt Road (Crusader Paper Company)(New England Engineering Services, Inc. Ben Osgood, Jr , of New England Engineering Services, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for construction access driveway and associated grading to access an existing 100,000 s f industrial building Crusader Paper within the Buffer Zone to Riverfront of the Merrimack River The closest disturbance within the Riverfront resources area is 160 feet from the edge of the Merrimack River The construction of an 18,000 s f addition, slight design grading modifications to an existing detention basin, and other activities will occur on the site outside of the buffer zone including adding fill for proposed addition, adding fill for the access drive, installing the access drive, removing a portion of an existing drive, removing fill from existing detention pond, re-routing an 18' storm dram pipe, removing existing fences, guardrails, and barriers, adding retaining walls, fences, and guardrails and associated grading activities No changes to existing storm water drainage system are proposed with the exception to re-shaping and lowering the bottom of the existing of an existing detention pond by 1 foot It is proposed that the new detention pond will adequately service the site for storm water management needs The existing utilities are not expected to be altered The site is serviced by an on-site subsurface sewage disposal system The area of proposed work consists of a combination of grassed areas, shrubs and saplings, and existing pavement and has been for trash and debris, which will be cleaned up as part of the project There are no other resource areas on the site other than a portion of Riverfront area to the north A drainage analysis and calculations were provided with the filing Existing drainage systems encompass the entire lot The existing catch basins collect storm water from grassed steep slopes, rooftop, and pavement All the drainage is detained in the existing detention pond The outlet of the pond is a drainage system, which leads to the Merrimack River The site is located within Estimated Habitat Mr Lynch stated an O & M plan should be in place, and TSS removal A motion to set- up escrow account in the amount of$1,000 for third party review of the drainage was made by Mr Lynch, seconded by Mr Manzi Unanimous A motion to continue to May 9, 2007 meeting was made by Mr Manzi, seconded by Mr Napoli Unanimous Agenda has been taken out of Order per Mr. Masse, Chairman 242-1392, 812 Salem Street(Carroll)(Merrimack Engineering Services,Inc.) Mr Masse recused from voting he left the meeting Mr Manzi acting Chairman John Murphy of Merrimack Engineering Services, Inc , was present Mr McDonough read the legal notice Ms McKay stated the filing is for razing of an existing house and barn in order to construct two single-family dwellings with associated appurtenances within the buffer zone to a Bordering Vegetated Wetland and within Riverfront to Mosquito Brook 100-year flood plain associated with the brook is also located on the project site and flood elevation was determined to be 1415 All work is proposed outside of the floodplain Resource areas were delineated by Norse 7 Environmental Services, Inc in July of 2006 Flags were missing at the time of the inspection and need to be revisited for approval The applicant proposes to construct two single-family dwellings at the site, which currently addressed#812 Salem Street, which is located Salem Street at the corner of Blue Ridge Road New structures are not proposed within the same footprint as the existing structures Proposed work on Lot#15-1 will not be closer to Mosquito Brook, however proposed work Lot#15-2 will be closer to Mosquito Brook All work is proposed outside 100' riparian zone and 50' no-build zone Distances to the Bordering Vegetated from are not depicted The entire parcel consists of 3 39 acres, but was recently approved by the Planning Board to create two lots I am of the same opinion and have not spoken with the applicant to obtain a formal opinion from the Inspector of Buildings and Zoning Enforcement officer Jerry Brown in this regard prior to submission I would also recommend that the applicant file a separate existing conditions plan of the parcel prior to creation of the new lots DEP# issued but still under review A motion to set-up escrow account in the amount of$1,000 for third party review of the wetland line was made by Mr Lynch, seconded by Mr Napoli Unanimous A motion to continue to May 9, 2007 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous Mr. Masse, Chairman returned to the meeting at: 10:12 P. M. 242-1394, 89 Milk Street (Highview, LLC)(Merrimack Engineering Services,Inc.) John Murphy of Merrimack Engineering Services, Inc and Abutters Francis Smith of 60 Chestnut Street, Charles Galaher of 117 Milk Street, Clayton Martin of 50 Chestnut Street was present Mr McDonough read the legal notice Ms McKay stated the filing is for construction of three single-family dwellings, driveway, utilities, roof drywells, and associated grading An Order of Conditions was issued on May 12, 2005 for construction of two single-family dwellings and associated activities on the same site 242-1305 The Order was recorded, the bond was posted 6,000 and a pre-construction meeting was held, but construction never commenced Further, an ORAD was issued on February 24, 2005 for confirmation of the wetland resource area and associated buffer zones The resource area was delineated on October 6, 2004 by Seekamp Environmental Consulting, Inc Conditions in previous Order of Conditions included staking foundations corners on 40-1 now 40-3 environmental monitoring, placement of wetland markers, installations of a crushed stone construction entrance at each driveway, and construction of 2-foot minimum dry laid fieldstone wall as shown on the approved plan just upgradient to the 25-foot No-Disturbance zone I recommend extending the wall along the 25- foot No-Disturbance zone In addition,the Commission and the abutters had concern regarding the grade along the driveway on Lot-40-2 As result, a cross section of the side slope was provided and grade was reduced to 6" from 8" The lots in its entirety are densely to moderately vegetated Therefore, the plans do depict a tree line Still under review with DEP The Commission discussed the confusion on why the third lot is not shown on the plan The applicant must submit new plans showing all 3 lots here on revised plans, and pay the fee for extra house added on this filing A motion to continue to April 25, 2007 meeting was made by Mr Manzi, seconded by Mr Napoli Unanimous 8 242-26 Turtle Lane (Dickey)(Merrimack Engineering Services,Inc.) The applicant Arthur Dickey and John Murphy of Merrimack Engineering Services, Inc was present Mr McDonough read the legal notice Ms Merrill stated the applicant file Notice of Intent for razing of an existing deck and sunroom in order to construct a 12' x 38' addition on a foundation within the Buffer Zone to a Bordering Vegetated Wetland The wetland delineation by Norse Environmental and was reviewed by this department and approved Portions of the 25- foot No-Disturbance zone has been historically maintained as mowed lawn The addition will be placed 60 7' from the edge of the wetland at its closest point The plans show drywell to recharge the rooftop runoff along the eastern side of the house However, the applicant was not aware this was on the plan A section of erosion control is located within the 25-foot No-Disturbance zone specifically 13' from WF A9 There is no alternative to gain access to the back due the location of the septic system and the need to remove several trees The Order of Conditions can condition the erosion control in this area to be moved as close to the house and outside of 25-foot No- Disturbance zone No comments from DEP The property is within estimated habitat Mr Lynch stated to the applicant you can tie into the existing drainage on your property A motion to continue to April 25, 2007 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous Decisions 242-1386, Bradford Street, Sutton Hill Road, Thistle Road, Woodbury Lane) Ms McKay stated bond amount set at $2,000, environmental monitor, boilerplate requirements A motion to accept the Order of Conditions as drafted was made by Mr Manzi, seconded by Mr McDonough Unanimous 242-1388, 93 Raleigh Tavern Lane Ms McKay stated the bond amount set at $500 A motion to accept the Order of Conditions as drafted was made by Mr Manzi, seconded by Mr Napoli Unanimous 242-1389, 870 Great Pond Road Ms McKay stated the bond amount set at $1,500, environmental monitor A motion to accept the Order of Conditions as drafted was made by Mr Manzi, seconded by Mr Lynch Unanimous A motion to adjourn the meeting at: 11:00 P. M. was made by Mr. Manzi, seconded by Mr. Napoli. Unanimous. 9