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HomeMy WebLinkAboutCCMeetingMinutes_11.02.11 Conservation Commission Meeting Minutes November 2, 2011 Members Present: Louis A. Napoli, Chairman; John T. Mabon, Vice Chairman; Joseph W. Lynch, Jr.; Deborah A. Feltovic; Albert P. Manzi, Jr.; Sean F. McDonough (Arrived at 7:14 PM); Douglas W. Saal. 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: 7:00PM Quorum Present. General Business A motion to approve the minutes of 5/18/11 & 9/28/11 made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. 242-441, Bond Release, 485 Forest Street (Long Pasture Development) (Nigro) (cont. from 10/26/11) The administrator reviews the request and states that she has spoken to Mr. Nigro and town counsel. The commission discusses the COC, bond release and the street acceptance issues. Mr. Saal questions the roadway ownership. Discussion of bond monies held. The commission decides to take no action and states that the bond release request has not been made by the person who posted the bond originally and that the release request must be by the person who posted the bond. Documents: Letter from Mr. Nigro requesting for bond release for Lot 1A 485 Forest Street o WPA Form 8B-Cetificate of Compliance from DEP recorded on 9/7/11 o Copy of the Bond Paperwork o 242-475, PCOC Request, 62 Huckleberry Lane (Lot 6) (Stephen L. Bernard, Esquire) The applicant Nawfel M. Fakir of 62 Huckleberry Lane and Stephen L. Bernard, Esquire are not present for the initial discussion and arrive at 8:14 pm to bring the deed information and discuss the issues. The administrator states that the house is more than 100-feet from the Bordering Vegetated Wetland. Mr. Manzi discusses the history of the area and the past non-compliance issues. Mr. Lynch discusses the drainage issues on Huckleberry Lane. Mr. Lynch makes a motion to grant the PCOC for Lot 6, 62 Huckleberry and for the town to retain any rights to the drainage facilities as shown in the original plan and OOC. The commission discusses what the town accepted when the street was accepted. The administrator reads the easement language that is in the OOC. Mr. Manzi agrees with issuing the PCOC and listing what is not in compliance. The commission discusses how to issue the PCOC and still address the fact that the drainage was not constructed as proposed and is not in compliance with the OOC. Mr. Manzi discusses the CR language due to the subdivision being a PRD. Mr. Saal discusses the deed restrictions for the property. Mr. Lynch asks where the deed restriction is and states that he withdraws his former motion. Mr. Lynch makes a motion to issue the PCOC but hold it in abeyance until proof of the deed restriction is given. Mr. McDonough discusses the legal issues and the need to protect both owner and buyer. The discussion is tabled until Mr. Fakir and Attorney Bernard can arrive. Attorney Bernard and Mr. Fakir arrive at 8:14 pm and discussions resume. Attorney Bernard hands out copies of the deed information to the commission. Mr. McDonough reviews the paperwork and reads through the easement information. The commission discusses the deed and is satisfied that the town has access to maintain, repair or otherwise the drainage easement. Mr. Bernard notes that paragraph 6 is a conservation easement. Mr. Manzi states that the main issue is access to the drainage structures and the town has access. Detention Basin 1 was never constructed and this preserves right to construct if necessary. A motion to issue the PCOC for 62 Huckleberry Lane is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Russell & Bernard, LLP dated 10/25/11 o WPA Form 8A-Partial Request for Certificate of Compliance dated 10/25/11 o Quitclaim Deed restriction on the subdivision dated November 2011 o 242-862, PCOC Request, 85 Ogunquit Road (Lot 26) (Breen) (The Neve-Morin Group, Inc.) John Morin of the Neve-Morin Group, Inc. is present. The administrator states that this house is being constructed under new Order of Conditions. A deed restriction was required under the old OOC and was completed. Mr. Morin reviews the request and states that no work was done on this lot under the OOC for 242-862 and that the lot is now being constructed under a new OOC. A motion to grant the PCOC is made by Mr. Saal, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from The Neve-Morin Group, Inc. dated 10/25/11 o WPA Form 8A-Request for Partial Certificate of Compliance dated 10/25/11 o 242-1382, Partial Bond Release Request (GFM General Contracting) (Eastern Land Survey Associates, Inc.) The administrator reviews the request including the work in compliance and states that the engineer has provided a list of outstanding items to be completed. Mr. Napoli discusses the non compliance issues and states that this item should be tabled. Mr. Manzi asks if there is enough money left to finish the work if the applicant walks away. Mr. McDonough states that project is not in compliance. The commission discusses that the applicant needs to first file a modification for the propane tank that is now within the 50-foot No-Build Zone. Mr. Napoli notes that neither the applicant nor his representative is present. A motion to deny the request for partial bond release is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. Documents: Letter from Eastern Land Survey Associates, Inc. dated 10/19/11 o Site Development Permit Plan dated 10/19/11 o 242-804 & 242-1530, COC Request, 2050 Turnpike (Yamin) (The Neve-Morin Group, Inc.) The applicant Maryann Yamin and John Morin of The Neve-Morin Group, Inc. are present. The administrator reviews the history and the work that has been completed and states that the site is now in compliance however the plantings are to be monitored for one year. Mr. Morin explains the sale history of the property and discusses when the non-compliance occurred. The commission discusses issuing a PCOC versus a COC and how to ensure that the plants survive. Discussion of bond money held. Mr. Morin states that they buyers must have a COC by the end of the month. There buyers have escrowed $12,000 from the seller. A motion to grant the request for a continuance to November 16, 2011 meeting made by Mr. Manzi, seconded by Ms. Feltovic. A motion to grant to withdraw the motion for a continuance made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. A motion to issue a COC and bond release for 242-804 is made by Mr. Lynch, seconded by Mr. Manzi. Vote unanimous. A motion to issue a PCOC for 242-1530 citing the items that are not in compliance is made by Mr. Lynch, seconded by Mr. Manzi. Vote unanimous. Documents: Letter from The Neve-Morin Group, Inc. dated 10/26/11 o WPA Form 8A-Request for Partial Certificate of Compliance dated 10/26/11 o Plan of Land As-Built site conditions dated 10/25/11 o Photos taken 10/25/11 o Public Hearings: 8:45 PM Request for Determination of Applicability 131 Osgood Street (Greenwood) (Keen Construction) The applicant Pamela Greenwood of 131 Osgood Street and Stephen Giguio and Julie Anne Greenwood of 129 Osgood Street and Kenneth Keen of Keen Construction are present. Mr. Saal reads the legal notice. The administrator states that the proposal is to excavate and place new footings at front of the garage which with an intermittent stream. There will also be a new roof. Mr. Keen states that any soil that is excavated would be trucked of site not left on the site. Mr. Keen states that the cement floor in the garage will need to be replaced because it is uneven and states that he would remove the excavated cement of site so there will be no stockpiling on the site. The administrator states that any stockpiles will need to be covered and the catch basin will need to be protected as well. Mr. Lynch says the main concern is for the drain in the drive. Mr. Napoli states there should be a condition for the removal of the concrete. A motion to issue a negative determination #3 with conditions as discussed is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: WPA Form 1-Request for Determination of Applicability and associated documents o Proposed garage renovation Plan o Sketched Plan of site dated 10/19/11 o Photos taken 11/1/11 o Proof of mailing received o 143 Pheasant Brook Road (LaMarca) (DBA C. D. Riley Landscaping) Christopher Riley of DBA C. D. Riley Landscaping was present. Mr. Saal reads the legal notice. The administrator states that the proposal is to replace the collapsed retaining wall with a new Redi-Rock Block wall. Mr. Riley states that the wall is approximately 180-feet long and has a maximum height of 6- feet. There is discussion about the detention pond and the design grade of the pond. Discussion of distance to resource areas. Mr. Lynch asks about the footings Mr. Lynch states that erosion control is necessary as well as erosion control blanket and seeding. The administrator states that a straw wattle is proposed for erosion control. A motion to grant a negative determination #3 with conditions as discussed is made by Mr. Lynch, seconded by Mr. McDonough. Vote unanimous. Documents: WPA Form 1-Request for Determination of Applicability and associated documents o Analysis of Redi Rock Wall o Retaining Wall Construction Plan dated 10/18/11 o Septic System Plan dated 10/21/11 o Proof of mailing received o Photos dated 11/1/11 o Notice of Intent (NOI) 242-1533, 16 Berry Street (Fiore) (Goldsmith, Prest & Ringwall, Inc.) (cont. from 10/26/11) (Request to cont. to 11/16/11) The administrator states that on Monday the applicant submitted materials to Eggleston Environmental for review and requests a continuance. A motion to grant the request for a continuance to the November 16, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: Continuance request o 242-1534, 500 Great Pond Road (North Andover Country Club) (The Neve-Morin Group, Inc.) (cont. from 10/26/11) John Morin of The Neve-Morin Group, Inc. is present. The administrator states that the applicant met last night with the planning board and the report is that they had no concerns with the plan as proposed. The issue of the swale was not fully decided at the last hearing. Mr. Morin reviews the plan and the process of resurfacing the courts. Mr. Manzi asks Mr. Morin about the swale. Mr. Morin states that even if the soil is too clayey to provide adequate infiltration, it will still function to slow down the rate of flow of the water. Mr. Manzi states that the swale is worth installing. Mr. McDonough asks if anything will be closer to the wetlands that it is currently. Mr. Morin states that it will all be with the existing footprint and nothing will be closer. Mr. Saal asks if the courts can be relocated anywhere else. Mr. Morin states that he is not sure. The commission discusses the waiver request for the 50-foot No-Build Zone. A motion to close the hearing and issue a decision within 21 days is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. Documents: No new documents presented o 242-1535, 2009 Salem Street (Haseltine) (Merrimack Engineering Services, Inc.) (cont. from 10/26/11) The applicant George Haseltine of 2009 Realty Trust, and abutter Rishabh Shah are present. The administrator discusses the deed declaration and the planning board decision. She states that Natural Heritage has placed a deed restriction on the property but that it may need to be re-recorded in 30 years, and that the planning board restriction is more permanent and can only be un-done by a vote of the planning board. Mr. Napoli states that he discussed with the administrator the potential to add a letter to the planning board about keeping the subdivision as-is and to not allow further subdivision in the future. decision regarding the subdivision. Mr. Mabon states that it would be nice to have the vernal pools certified by the applicant. Mr. Haseltine states that it would be fine to certify the vernal pools that are on the property during the next spring time when the frogs and turtles are active. A motion to close the hearing and issue a decision within 21 days is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Documents: E-mail from Misty-Ann of NHESP dated 11/2/2011 regarding the required deed o restriction. Decision 242-1535, 2009 Salem Street The administrator reviews the drafted Order of Conditions. The commission states that wetland markers should be placed around the vernal pools on the property and spaced every 50-feet. A motion to accept the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. A motion to adjourn the meeting at: 9:23 PM made by Mr. Manzi, seconded by Mr. Lynch. Vote unanimous.