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HomeMy WebLinkAboutCCMeetingMinutes_10.12.11 Conservation Commission Meeting Minutes October 12, 2011 Members Present: Louis A. Napoli, Chairman,Deborah A. Feltovic, Albert P. Manzi, Jr., Douglas W. Saal. Members Absent: John T. Mabon, Vice Chairman, Joseph W. Lynch,Jr.,Sean F. McDonough. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Heidi M. Gaffney, Conservation Field Inspector, Donna M. Wedge, Conservation Secretary. Pledge of Allegiance Meeting came to Order at:7:31 PM Quorum Present. General Business 242-1505, COC Request, 125 Sherwood Drive (Spitzer) (The Neve-Morin Group, Inc.) (cont. from 9/28/11) The field inspector states the site is stable and constructed according to plan the wetland markers are up. A motion to grant the COC and release the bond is made by Ms. Feltovic, seconded by Mr. Saal. Vote unanimous. Documents: Letter from The Neve-Morin Group, Inc. dated 8/30/11 o WPA Form 8A-Request for Certificate of Compliance dated 9/1/11 o Plan of Land As-Built Site Conditions for 125 Sherwood Drive dated 8/24/11 o prepared by The Neve-Morin Group, Inc. Photos dated 10/12/11 o 242-1429, COC Request, 673 Great Pond Road (ICB Realty Trust) (Wetlands Preservation, Inc.) Geoffrey Andrews ofWetlands Preservation, Inc. was present. The administrator statesthat thesite is stabilized and constructed according to plan. Mr. Saal askswhythereareso many catch basins installed. Mr. Andrews states the requirement was because of the Watershed Special Permit through the Planning Board. A motion to grant the COC and release the bondismade by Ms. Feltovic, seconded by Mr. Saal. Vote unanimous. Documents: Letter by Wetlands Preservation, Inc. signed by Curtis R. Young dated 9/22/11 o WPA Form 8A-Request for Certificate of Compliance dated 9/22/11 o Letter by Cuoco & Cormier Engineering Associates for a Watershed Special Permit o dated 9/19/11 As-Built Plan done by Cuoco & Cormier Engineering Associates, Inc. dated 5/25/11 o 242-482, 295 Forest Street (Lot B) (Lombard, LLC) The field inspector statesthat this is an older fileand that the Order of Conditions was somehow recorded twice and theoriginalOrder of Conditions expired and the project was re- filed. An“administrative purposes only”COC was issued which referenced the new file # 242-955, but had the wrong book and page number, so wasn’t acceptable to clear the title. 242-955 was withdrawn and file number 242-985 was issued an Order of Conditions under which the project was built and received a full COC. This request is fromthe attorneys which are requesting corrected COC’s which properly reference the two different book and page numbers in order toproperly clear the title. This will require two COC’s to be issued. They have requested that the fees be waived. Mr. Manzi states that the Order of Conditions being recorded twice as well as the lack of a proper COC request previously is not the fault of the commission and therefore the fees would not be waved and the COC’s can be issued when the fee of $400is received.Mr. Saal concurs. A motion to issue two COC’sidentifying the correct book and page numbers for 242-482 (fees to be received prior to issuance)ismade by Mr. Manzi, seconded by Mr. Saal. Vote unanimous. Documents: A letter submitted from Michael E. Lombard dated 10/7/11 o WPA Form 8A-Request for Certificate of Compliance dated 10/7/11 o Copy of Order of Conditions reference to DEP#242-482 dated 11/22/1988 o Discussion 242-1401, 495 Forest Street (Lot 2) (cont. from 9/28/11) Benjamin C. Osgood, Jr. P.E. of Pennoni Associates, Inc.,Robert Innis of RLI Corporation, and new owner Josiah E. Haley of 495 Forest Street arepresent. Mr. Osgood states that the constructed swale hashad some erosion which has been addressed withrip-rap. He reviews the settlement agreementand states that the contractor placed large boulders where the fence was to be installed and wishes to leave the boulders in place in lieu of the fence. Mr. Osgood presents photos Mr. Napoli states if the Conservation Commission would accept the boulder wall verses the fence then we have to talk to Town Counsel before the ConservationCommission can make any decision due to the settlement agreement. The Field Inspector states that Town Counsel provided the revised copy of the settlement agreement. The commission discusses the stone wall and states that if the stone wall is allowed to remain that markers should be placed along this area. Mr. Manzi statesthat thestonewall is around the edge of the lawn for most of the property and is a good thing. Will also need confirmation from Natural Heritage. Documents: Photos submitted by Mr. Osgood o Settlement Agreement (as referenced in the Order of Conditions) o Public Hearings: 8:00 PM Notice of Intent (NOI) 242-1531, 315 Turnpike Street (Merrimack College) (VHB, Inc.) (cont. from 9/28/11) (Request to cont. to 10/26/11) The administrator statesthatthe applicant requestsa continuance totheOctober 26, 2011 meeting, and that a meeting is scheduledwith Merrimack and Eggleston Environmental for Thursday, October 13, 2011. A motion to grant the request for a continuance totheOctober 26, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote Unanimous. 242-1523, 273 Berry Street (Quimby) (Christiansen & Sergi, Inc.) (cont. from 9/28/11) PhilChristiansen of Christiansen & Sergi, Inc. ispresent. The administrator states that a new planhas been submittedshowing the new no-disturbance zone and a planting plan.The plan is similar to what was discussed at the last meeting, giving more no-disturbance area than is required by the regulations in some locations and less inothers. The wall location and construction is discussed. Mr. Christiansen requests planting requirements be determined following wall construction A motion toaccept the waivers for 50-foot No-Disturbancezone, and 75-footNo-Build zone from an ephemeral pool is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. A motion to close the public hearing and issue a decision within 21 days is made by Mr. Manzi, seconded Ms. Feltovic. Vote unanimous. Documents: E/Mail from Phil Christiansen dated 10/11/11 o Planting Plan submitted by Norse Environmental Services, Inc, dated 10/11/11 o Revised Plans dated 9/29/11 o 242-1523, 16 Berry Street (Fiore) (Goldsmith, Prest, & Ringwall, Inc.) (cont. from 9/28/11) No one is present for the applicant and the matter is tabled. When the matter is taken up at the end of the meeting, the administrator states that a review letter fromEggleston Environmentalhasjustbeenreceived. A motion to grant a continuance to the October 26, 2011 meetingismade by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Review letter from Eggleston Environmental dated10/12/11 o 242-1536, 357 Candlestick Road (Gill) (LJR Engineering) The applicantsKenneth & Pamela Connolly, Dan Gill of Earthworks, Nelson Rose of Earthworks andLuke Roy of LJR Engineering arepresent. Mr. Saal readsthe legal notice. The administrator statesthatthis is an after the fact filingfor ahot tub and patiowhich have already been installed, portions are within the 75-foot No-Build zone to a Vernal Pool.A building permit was also not obtained. Mr. Gill reviews how the project was started and why there were not permits. The commission discusses a stonewall along the no-disturb area to prevent any future encroachment. Mr. Saal states the stonewall should be installed along the topof the slope. Mr. Manzi states that the brush removal would have to be doneby handand thatno heavy equipmentwill beallowed. The applicant would have to draw on the plan where the stone wall willbe placed. Discussion regarding the plumbing and electrical permit process Discussion of possible need for plantings when brush removed. The applicant requests a continuance to the October 26, 2011 meeting to make the necessary changes to the plan. A motion to grant the request for a continuance to the October 26, 2011 meetingismade by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Mandatory Pre-Filing Checklist o WPA Form 3-Notice of Intent Application Booklet with associated documents as well o as a waiver requestand additional photo and plans Plan titled “Existing Conditions Site Plan”, prepared by LJR Engineering and dated o September 26, 2011 Photos dated 8/12/11 and 10/12/11 o 242-1534, 500 Great Pond Road (North Andover Country Club) (The Neve-Morin Group, Inc.) Greg Hochmuth of The Neve-Morin Group, Inc ispresent. Ms. Feltovic readsthe legal notice. The administrator statesthat prior to filing this Notice of Intent, representativesof the Country Club met with the Planning and Conservation Departmentsto discussthis project. Mr. Hochmuth discusses the drainage, fence and how the work will be done. Mr. Manzi asks about the infiltration trench and states that in his experience this area is all clay, which will not infiltrate well. Mr. Saal statesthat they should test the soils where the infiltration is proposed. Mr. Hochmuth states that theinfiltration trench might work but that he will check with John Morin regarding the suitability of the soils. Mr. Napoli asks about soil stockpiling. Mr. Hochmuth states that the materials will be trucked off site immediately. Mr. Hochmuth states the tennis court fencing would be replaced with black vinyl coated fencing but wouldbein the same footprint as exists now. No DEP File No. available Mr. Hochmuth requests a continuance to the October 26, 2011 meeting. A motion to grant the request for continuance totheOctober 26, 2011 meeting is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents; Letter from the Neve-Morin Group, Inc. dated 9/29/11 o Waiver Request o WPA Form 3-Notice of Intent and associated documents o Plan titled “ Proposed Tennis Court Reconstruction, 500 Great Pond Road”, o prepared by The Neve-Morin Group, Inc., dated 9/28/11, revised 10/12/11 Photos dated 10/12/11 o 242-1535, 2009 Salem Street (Haseltine) (Merrimack Engineering Services, Inc.) Theapplicant George Haseltine of 2009 Salem Street Realty Trust, and William Dufresne of Merrimack Engineering Services, Inc. arepresent. Mr. Saal readsthe legal notice. The administrator states the consultant was unable to meetto review the wetland line, and wetland flags are not in place. Mr. Dufresne states that the project proposes to rehab the existing house and construct two new house lots. The work within jurisdiction includes widening of the existing driveway and constructing a treatment swale. He states that the project will be before the planning board next week and that he will review Eggleston Environmental’s latest comments and make any necessary changes.Mr. Dufresne also presents the NHESP agreement Mr. Manzi states that the alternativesanalysis cannot be waivedand thatit isarequirement of theNorth Andover Wetlands Protection By-Law. Mr. Saal states that although the tops of the two new driveways are not within jurisdiction the applicant should consider adding a turnaroundor other area to allow easier access and turn around for fire trucks. Discussion of construction sequence, catch basin protection and access. Mr. Haseltine states all the houses would have sprinkler systems installed and that the fire trucks should have adequate access and the fire department has already reviewed the plans. The applicant requests a continuance to the October 26, 2011 meeting. A motion to grant the request for a continuance totheOctober 26, 2011 meeting is made by Mr. Manzi, seconded by Ms. Feltovic Vote unanimous. Documents: Application Checklist-Notice of Intent o Waiver Request Form o Complete Notice of Intent and associated documents o Quitclaim Deed Guy N. Richards and Carol A. Richards o Declaration of Restriction o Concrete Bound Detail plan dated 7/13/11, revised 9/14/11 o Plan titled “Salem Woods North Andover, MA”, prepared by Merrimack Engineering o Services,dated 7/13/11. And 9/14/11 Letter from Merrimack Engineering Services, Inc dated 9/19/11 o Redevelopment/Alternatives Analysis, prepared by Norse Environmental Services, o Inc., dated 10/12/11 Eggleston Environmental review for stormwater management system dated 8/29/11 o E/Mail from Eggleston Environmental dated 10/4/11 o Letter from Division of Fishery & Wildlife dated 10/4/11 o Decision 242-1523, 273 Berry Street The administrator reviews the drafted Order of Conditions and states that conditions will be added regarding staking the foundation and the vernal pool certification as requested by the commission. A motion toissuethe Order of Conditions as drafted and amendedismade by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. A motion toadjourn the meeting at: 9:15 PM made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous.