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HomeMy WebLinkAboutCCMeetingMinutes_01.23.13 Conservation Commission Meeting Minutes January 23, 2013 Members Present: Louis A. Napoli, Chairman, Joseph W. Lynch, Jr., Vice Chairman, Deborah A. Feltovic, John T. Mabon, Albert P. Manzi, Jr., Douglas W.Saal. Members Absent: Sean F. McDonough(with prior notice) Staff Members Present: Jennifer A. Hughes, Conservation Administrator,Donna M. Wedge, Conservation Secretary Pledge of Allegiance Meeting came to Orderat: 7:04PMQuorum Present. Approval of Minutes of 9/12/12,9/26/12, & 1/9/13 A motion to accept the meeting minutes of 9/12/12, 9/26/12and 1/9/13as drafted and reviewed madeby Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Notice of Intent (NOI) 242-1580, 1018 Osgood Street (JFJ Holding, LLC) (MHF Design Consultants, Inc.) (cont. from 1/9/13) (Request to cont. to 2/13/13) A motion to grant the request for a continuance to the February 13, 2013 meetingismade by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: E/mail from Mark Gross of MHF Design Consultants, Inc. requesting a o continuance to February 13, 2013, 44 Stiles Road, Suite One, Salem, NH03079 datedJanuary 16, 2013. 242-1559, 40 Sugarcane Lane (LaGrasse) (Hancock Associates) (cont. from 1/9/12) (Request to cont. to 2/13/13) A motion to grant the request for acontinuance to the February13, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: E/Mail from Greg Hochmuth of Hancock Associates185 Centre Street, Danvers, o MA 01923,requestinga continuance to February 13, 2013 meeting dated January 16, 2013. 242-1231, COC Request, North Andover Town Commons (Massachusetts Electric Company) (Coneco Engineers& Scientist) (cont. from 1/9/13) (Request to cont. to 2/13/13) A motion to grant the request for a continuance to the February 13, 2013 meetingismade by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Document: E/Mail from Tracy L. Duarte, P. E.Civil Engineer, requesting acontinuance to o theFebruary 13, 2013 meeting,ofConeco Engineers & Scientist, 4 First Street, Bridgewater, MA 02324 datedJanuary 16, 2013. 242-1451, COC Request, Autran Avenue (North Andover Division of Public Works) (Weston & Sampson Engineers, Inc.) Tara E. McManusEngineerof Weston & Sampson Engineers, Inc. is present. The administrator reviews the history of work and notes that blueberry bushes and wetland markers are no longer there. The markers will be replaced. Commission asks about tires and buckets in photos. Administrator will address with homeowner. Mr. Lynch asks if this wastheprojectaspecialist was brought in for (it is). A motion to issuetheCOC is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Weston & Sampson, five Centennial Drive, Peabody, MA 01960-7985, o datedJanuary 16, 2013. WPA Form 8A-Request for Certificate of Compliance o As Built Plan Autran Avenue Drainage Improvementsdated4/15/2010 o Photos datedJanuary 22, 2013 o 242-1453, COC Request, Brook Elmwood, Fernwood, Harwood, Jetwood, (North Andover Division of Public Works) (Weston & Sampson Engineers, Inc.) The administrator statesthatthe work was donein compliance with the Order of Conditions. Tara McManus of Weston & Sampson explains the process for the water main repair on Brooks Street and discusses the work done onthehydrants. A motion to issue the COC ismade by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. Documents: Letter from Weston & Sampson, five Centennial Drive,Peabody, MA 01960-7985 o datedJanuary 16, 2013 WPA Form 8A-Request for Certificate of Compliance o As Built Plan Brook Street and Old Clark Street Water Main Improvements dated o February 2, 2011 Photos datedJanuary 22, 2013 o 242-1454,COC Request, East Side Sewer-Cross Country Sutton Street and High Street (North Andover Division of Public Works) (Weston & Sampson) The administrator statesthatthere were some concerns about stabilization and grading this past fall but those issues have been resolved. Mr.Lynch asks about work in contaminated areas. Ms. McManus of Weston & Sampson states that there were no issues with soils in the contaminated area and no need to dewater. A motion to issue the COC ismade by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. Documents: Letter from Weston & Sampson Engineers, Inc., five Centennial Drive Peabody, o MA 01960-7985datedJanuary 16, 2013 WPA Form 8A-Request for Certificate of Compliance o Eastside Sewer Replacement Plan dated1/1/2013 o Photos dated10/15/2012 o Enforcement Order 20 Anvil Circle (cont. from 1/9/13) Mrs. Basbanes reviews the proposed restoration of the 25’ No-Disturbance Zone. Mr. Manzi and Mr. Mabon are satisfied with the proposed restoration Mr. Napoli statesthe applicant graded and filled muchof the 100’ Buffer Zone andmust fileanafter the fact NOI with triple filing fees if he wishes to keep the fill. Mr. Lynch states this is a recent owner who ignored the as-built information and now must document the changes through an NOI. Mr. Napoli states that under normal conditions this would have been an NOI. Mr. Lynch cites an enforcement class he took with Alexandra Dawson where she stated that the first order is to stabilize the site, then restore and document after with an NOI. Ms. Feltovic agrees with this strategy. Mr. Lynch motions that the administrator should issue an EO requiring the applicant to file an after the fact NOI to maintain the improvements and implement the restoration. The filing must be done in 60 days. Ms. Feltovic seconds the motion. Mrs. Basbanes asks about plan requirements. The Commission states the current materials arefine. Mr. Saal states the applicant never paid a fine per the Enforcement Order. The administrator states that triple filing fee for the NOI is punitive. The motion made by Mr. Lynch and seconded by Ms. Feltovic is advanced. Vote unanimous. Documents: Letter from Basbanes Wetland Consulting for 20 Anvil Circle datedJanuary 16, o 2013 Restoration Plan for 20 Anvil Circle dated January 16, 2013 o 50 Woodlea Road (Caffrey) (signature only) The administrator states the Enforcement Order was sent as voted at the last meeting signature needed on the DEP form. The Conservation Commission signed the Enforcement Order. Discussion Abutter’s List Clark Road (Airport) The Conservation Commission reviews a request for advice on reduced abutter notification. A motion to adjourn the meeting at: 7:30 PM made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous.