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HomeMy WebLinkAboutCCMeetingMinutes_09.26.12 Conservation Commission Meeting Minutes September 26, 2012 Members Present: Louis A. Napoli, Chairman; Joseph W. Lynch, Jr. Vice Chairman; Deborah A. Feltovic; John T. Mabon; Albert P. Manzi, Jr. (arrived 8:30 p. m.); Douglas W. Saal. Member Absent: 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: 7:04 PM Quorum Present. Approval of Minutes 7/11/12 A motion to accept the meeting minutes of 7/11/12 as drafted and reviewed is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Small Project NACC#100, 65 Mayflower Road (Savoia) (Installation of a Shed) The applicant Paul Savoia is present. The field inspector states reviews the proposed shed installation and states that the shed is is to be placed within the existing lawn area. Mr. Savoia states that the shed would be placed on the common land for the association and he has a copy of an e-mail from Ben Osgood, Sr. stating that it is ok for the shed to be on the association land. Mr. Napoli asks about the permission from Mr. Osgood for the shed to be on association land. Mr. Lynch states that there should be a statement in the small project approval letter regarding the shed being placed on association land and stating that no property rights are being given. A motion to consider the project as a small project 4.4.2. J is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. A motion to grant the small project with preconstruction and postconstruction inspections and the notation regarding property rights is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Small Project o Small Project Procedures o Written narrative from Paul Savoia o Exhibit 1 Shed Example o Exhibit 2 Copy of plan dated 9/11/12 o Photo from house Shed Placement dated 9/11/12 o Photo from house looking North dated 9/11/12 o Photo from wall looking south dated 9/11/12 o Photo from looking east dated 9/11/12 o Photo from looking west dated 9/11/12 o Photo dated 9/20/12 o Public Hearings 7:10 PM Request for Determination of Applicability 660 Great Pond Road (Rolling Ridge Conference Center) (Columbia Gas of Massachusetts) (Shaw Environmental & Infrastructure, Inc) Patrick Levesque of Columbia Gas of Massachusetts is present Mr. Saal read the legal notice. The administrator reviews the proposed gas line and discusses the wetland resources in the area including a certified vernal pool. She reviews the conservation restriction that exists on the property and states that the restriction allows for this type of work. Mr. Levesque states that they propose to go straight down the middle of the driveway and will install erosion controls where the resource areas are as shown on the plan. Mr. Mabon asks what provisions they will use to protect the wetlands. Mr. Levesque states that they propose to use silt socks and that the project will take no more than three weeks. A motion to issue a negative determination #3 with conditions as discussed including erosion controls and a pre-construction and post construction inspection is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. Documents: Letter Shaw Environmental & Infrastructure, Inc. dated 9/12/12 o Application Checklist-Request for Determination of Applicability o WPA Form 1-Request for Determination of Applicability and associated o documents Figure 1. Site Location Map dated 8/23/12 o Figure 2. Aerial Map dated 9/4/12 o Figure 3. Site Plan dated 9/4/12 o Picture 1: Access Driveway dated August 2012 o Picture 2: Wetland A dated August 2012 o Excerpt from Conservation Restriction for Public Drinking Water Supply at 660 o Great Pond Road Recorded on June 24, 2011 at the Registry of Deeds (Bk. 12526 Pg. 49-75R o #14335I) Abbreviated Notice of Resource Area Delineation (ANRAD) 242-1567, 50 Royal Crest Drive (Building 48) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 9/12/12) Kenneth Lania of Cornerstone Land Consultants, Inc. presents the revised ANRAD plan and reviews sizes of smaller wetland areas. D series does not meet the threshold. The administrator made minor adjustments in the field. A motion to accept the wetland delineation as shown on the plan and issue the ORAD is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Abbreviated Notice of Resource Area Delineation o Letter from Cornerstone Land Consultants, Inc. dated 8/30/12 o WPA Form 4A-ANRAD-Massachusttes Wetlands Protection Act and associated o documents Site Plan dated August 6, 2012 o Photos dated 5/25/12 o Notice of Intent (NOI) 242-1568, 50 Royal Crest Drive (Building 48) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 9/12/12) Kenneth Lania of Cornerstone Consultants, Inc presents the waterproofing proposed at Building 48. Mr. Lynch asks about flooding. Mr. Lania states he believes an overcapacity catch basin is to blame. A motion to close the public hearing and issue a decision within 21 days is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Photos dated 4/25/12 o Plan of record 8/29/12 o 242-1559, 40 Sugarcane Lane (LaGrasse) (Hancock Associates) (cont. from 9/12/12) The administrator states that the applicant will be filing with the Zoning Boards of Appeals to request a zoning variance and requests a continuance until after the ZBA decision. The commission discusses re-notification of abutters but finds it not necessary. A motion to grant the request for a continuance to the December 12, 2012 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Document: E/Mail from Greg Hochmuth of Hancock Associates requesting a continuance to o December 12, 2012 meeting dated 9/24/12. 242-1563, 0 Great Pond Road (Paolino) (Sullivan Engineering Group, LLC) (cont. from 9/12/12) The applicants David & Corliss Paolino of 940 Great Pond Road and John Sullivan of Sullivan Engineering Group, LLC are present. The administrator states that the planning board is working on a draft decision based on the current plan. Mr. Mabon discusses the invasive species on the property. The administrator discusses the invasive plants on the property. A motion to close the public hearing and issue a decision within 21 days is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Aerial Photo dated 8/20/12 o North Andover MIMAP dated 8/15/12 o 242-1566, 95 Olympic Lane (Verminski) (Goddard Consulting, LLC) (cont. from 9/12/12) The applicant Michelle Verminski of 95 Olympic Lane and Scott Goddard of Goddard Consulting, LLC is present. The administrator discusses the changes in the wetland line and states that a planting plan has been submitted. Mr. Goddard presents the revised plan and discusses the planting plan. Mr. Mabon discusses the planting plan with the administrator. A motion to close the public hearing and issue a decision within 21 days is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Photo 9/11/12 o Aerial Photo dated 9/12/12 o Aerial Photo dated 9/12/12 o Revised plan dated 9/20/12 o 242-1569, 171 Brentwood Circle (Sandoval) (Norse Environmental Services, Inc.) Mr. Saal reads the legal ad. Steve Eriksen of Norse Environmental Services, Inc. is present. Mr. Eriksen presents and discusses the plan. Mr. Eriksen and the administrator discuss the potential vernal pool that his on the site and the NHESP habitat that is nearby. Mr. Lynch asks what type of filter is proposed for the pool. Mr. Eriksen states that a cartridge filter is proposed. The administrator states that there is an old order of conditions for this property under file #242-1086 and this should be closed out. A motion to grant the request for a continuance to the October 24, 2012 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: Application Checklist-Notice of Intent o WPA Form 3-Notice of Intent and associated documents o Photo dated 9/26/12 o Aerial Photo dated 9/18/12 o Proposed Swimming Pool Plan dated 9/25/12 o Abutter receipts received o General Business: 8:00PM 242-1294, COC Request, 1659 Osgood Street (Munroe) (Benjamin C. Osgood, Jr.) The field inspector states that the order of conditions was for the replacement of a septic -built plan shows the septic system and garage are in compliance with the order. The wetland markers should be placed on trees instead of the re-bar posts they are currently on. A motion to issue the COC and release the bond is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. Documents: Letter from Benjamin C. Osgood, Jr. dated 9/8/12 o Letter from Benjamin C. Osgood, Jr. dated 9/8/12 o WPA Form 8A-Request for Certification of Compliance o Photo dated 9/26/12 o As-Built Septic Plan dated 9/10/12 o 242-1387, Modification Request, 116 Marbleridge Road (Innovative Properties, Inc.) The applicant Alex Caruso is present. The administrator reviews the history of the property and the order. She states that the erosion controls were originally set too close to the wetland and trees were cut that were not intended to be cut. This modification will allow the erosion control to remain and proposes replacement plantings. Mr. Caruso discusses the property and how the erosion controls were installed incorrectly. The commission and the administrator review and discuss the plan and the modification. gree with the reason given for why the erosion control was installed incorrectly. The administrator states that the trees should be planted anywhere between flags A5 and -disturb zone. The commission discusses having an updated and appropriate plan submitted which will also discuss the need to make the plantings date sensitive and that they should be planted st before November 1. A motion to grant the modification as requested and discussed and require a revised plan to be submitted is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. Documents: Letter from Innovative Properties, Inc. dated 9/10/12 o Letter from Innovative Properties, Inc. dated 9/17/12 o Plan of Land dated 9/19/12 o Enforcement Orders 1459 Turnpike Street (Dube/Hartling) The applicants Kevin Dube and Jennifer Hartling of 1459 Turnpike Street are present. The administrator reviews stating that extensive tree cutting occurred adjacent to a small wetland that connects under route 114 to a larger wetland system across the road. Mr. Dube states that it is a drainage gully and is not a wetland that needs to be protected and states that the trees were cut because they were dying and hazardous. The Conservation Commission reviews the photos and the location of the property and discusses the work that was done and the applicants proposal to remove two additional trees that are hazardous. A motion to ratify the Enforcement Order requiring the cleanup of the debris and the removal of the two additional dying trees is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5 to 1 (Mr. Manzi abstained) Documents: Letter from Town of North Andover Conservation Department dated 9/20/12 o WPA Form 9-Enfrocement Order o Photos dated 9/20/12 o 500 Winter Street (Chase) The administrator reviews the Enforcement Order. Mr. Napoli states that the turkey coop was removed today. A motion to ratify the Enforcement Order is made by Ms. Feltovic, seconded by Mr. Lynch. Vote 5 to 1 (Mr. Manzi abstained) Documents: Letter from North Andover Conservation Department dated 9/20/12 o WPA Form 9-Enforcement Order o Decisions 242-1568, 50 Royal Crest Drive The administrator reviews the drafted Order of Conditions. The commission discusses and amends the Order of Conditions. A motion to issue the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. 242-1428, Lot 4N-A Turnpike Street The administrator reviews the drafted Order of Conditions. The Commission reviews and amends the Order of Conditions. A motion to issue the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. 242-1566, 95 Olympic Lane The administrator reviews the Order of Conditions. The Commission reviews and amends the Order of Conditions and discusses the need to have a copy of the letter from NHESP on file. A motion to issue the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Ms. Feltovic. Vote Unanimous. 242-1563, 0 Great Pond Road The administrator reviews the drafted Order of Conditions. The Commission reviews and amends the Order of Conditions. A motion to issue the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Discussion The administrator states that Mr. McDonough asked for additional time to review the schedule and has recently e-mailed that he is all set and accepts the 2013 meeting schedule. A motion to accept the 2013 meeting schedule made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. A motion to adjourn the meeting at: 9:00PM made by Ms. Feltovic, seconded by Mr. Mabon Vote unanimous.