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HomeMy WebLinkAboutCCMeetingMinutes_10.23.13 Conservation Commission Meeting Minutes October 23, 2013 Members Present: Louis A. Napoli, Chairman, John T. Mabon Deborah A. Feltovic, Douglas W. Saal. Members Absent: Joseph W. Lynch, Jr., Vice Chairman, Albert P. Manzi, Jr., Sean F. McDonough Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M Wedge, Conservation Secretary Pledge of Allegiance Meeting came to Order at: 7:03 PM Quorum Present. Approval of Minutes Regular Session and Executive Session of 9/11/13 A motion to accept the meeting minutes and executive session meeting minutes of 9/11/13 as drafted and reviewed is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Public Meeting: 7:05 PM NACC# 120, 179 Osgood Street (North Andover Historical Society) (Parson Barnard Barn) Joseph D. LaGrasse, Director and Coordinator for the North Andover Historical Society is present. Mr. LaGrasse states the proposal is to replace the barn foundation, restore and extend the existing retaining wall and re-roof the house. The Historical Society would also like to cut down trees that shade the house causing moisture problems. -Disturb Zone It appears some of the trees may be in that zone. There is discussion as to what category the work falls under in the small project regulations. Mr. Saal asks about the plan which shows an extension of the parking lot. Mr. Saal states this work would require the filing of an RDA at a minimum. Lou agrees. Extensive fill material would be needed to backfill behind the stone wall extension. Mr. Saal asks about the curbing shown on the plan. He states this may actually need to be an NOI. The Conservation Commission discusses the proper filing needed for this work. Mr. Saal asks about the type of shakes to be used in the roofing project and suggests there may be a product that would better resist rot. A motion to accept the foundation repair, tree cutting o-Disturb Zone, and roofing as small project 4.4.2 J is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. A motion to -Disturb Zone), foundation repair and roofing on the house as proposed is made by Mr. Mabon, seconded by Ms. Feltovic. A pre and post construction meeting is required. Documents: Application Checklist-Small Project Narrative Description/Scope of Work dated 10/7/13 Small Project Procedures Site Plan Parson Barnard dated 10/7/13 Public Hearings: 7:30PM Request for Determination of Applicability 303 Abbott Street (Lot 1) (Boberin, LLC) (Wetlands & Land Management, Inc.) William Manuell of Wetlands & Land Management, Inc. is present for the applicant Mr. Mabon reads the legal notice. Mr. Manuell presents the proposal to construct a home outside of the buffer zone with The commission discusses the Land Disturbance Permit. The planning board will not require a filing if construction BMPs are addressed with conservation. A construction entrance and catch basin protection will be provided. A motion to issue Negative Determination #4 & #6 is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability Letter from Wetlands & Land Management, Inc. dated 10/11/13 Locus Map dated 10/11/13 WPA Form 1-Request for Determination of Applicability Project Description Signatures and Submittal Requirements Copy Town Check Letter from Wetlands & Land Management, Inc. dated 10/11/13 Project Description Site Plan dated 10/10/13 Notice of Intent (NOI) 242-1593, 16 Berry Street (North Andover Holdings, LLC) (LEC Environmental Consultants, Inc.) (cont. from 10/9/13) The applicant Eric Loft of North Andover Holdings, LLC, Ann Marton of LEC Environmental Consultants, Inc., Matthew Bombaci of LEC Environmental Consultants, Inc., Karen Pollaitrimo of North Andover Holdings, LLC and Kheila C. Begmentle Attorney at Law for North Andover Holdings, LLC are present for the applicant. Ms. Marton summarizes the prior meetings and staff project discussions. The last public meeting with the commission was last May. Ms. Marton reviews the new plan which includes a reduction in units and a reduction in outside parking. There is now parking under 3 buildings rather than 2. All work is now with existing open area with no work in forested areas. There is less work in the buffer zone and no filling of the wetland adjacent to the cemetery. If there is it will only be a small amount and it will be replicated. A color buffer zone plan is presented. There is discussion of the Conservation Restriction plan. The CR wil- . Mr. Mabon states the project looks improved from a Conservation standpoint. He states we will need an O&M Plan for stormwater management. Mr. Bombaci states the stormwater will mimic the last plan with a mix of underground infiltration, constructed wetlands and infiltration basins. Ms. Marton discusses replication along edge of Pond 2. -Disturb. Ms. Marton states the new plan has been sent to NHESP. Ms. Feltovic asks who will be doing stormwater maintenance. Ms. Marton states there will be on-site management. Mr. Saal recommends eliminating the Building B drive and moving the tot lot. Mr. Bombaci states the drive is needed to get to parking and for turn around. The Commission discusses the drive. Mr. Napoli states the applicant speak to the fire department about needs for turn around. A motion to grant the request for a continuance to November 20, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Document: Alternative Concept Plan dated 10/14/13 Streetscape & Buffer Planting Plan dated 7/29/13 242-1609, 59 Bannan Drive (Blackshaw) (Pennoni Associates, Inc.) The applicant Thomas & Sandra Blackshaw and abutter Tyler Worden of 51 Bannan Drive are present. Ms. Feltovic read the legal notice. Administrator reviews the project including removal of the old shed and the need for permanent monuments along the existing wall. Mr. Mabon states these items should be part of the order. A motion to close and issue a decision within 21 days is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent Project Description NOI Wetland Fee Transmittal Form North Andover Wetlands Regulations Riverfront Area Map dated 6/2/2003 Locus Map Natural Heritage on Line Mapping Tool Locus Map Project Narrative Letter from Wetland Consulting Services dated 10/3/13 Copy of State and Town Checks Copy of Conservation Filing Fees Letter from Thomas & Sandra Blackshaw dated 10/21/13 Sewer Disposal System Plan dated 10/21/13 242-1603, 315 South Bradford Street (Smolak Farms, LLC) (ESS) (cont. from 10/9/13) H. Michael Smolak of Smolak Farms, LLC is present. Mr. Smolak states the buildings would be between 52-feet to 54-feet from the resource areas on the property. Mr. Napoli request the building be moved further away from resource areas without impacting adjacent slope if possible. Mr. Smolak states there is hillside in this area would hard to move the building any farther away from the resource but will try. A motion to close and issue a decision within 21 days is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Document: Site Plan proposed Building dated 10/21/13 Photos dated 9/4/13 Photos dated 10/21/13 242-1607, 168 Campbell Road (Sylvester) (Wetlands & Land Management, Inc.) (cont. from 10/9/13) The applicant Betsey Sylvester and John Bunk of 168 Campbell Road and William Manuell of Wetlands & Land Management, Inc. are present Administrator states Natural Heritage had sent a letter confirming an from MESA review. A motion to close and issue a decision within 21 days is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Document: Natural Heritage letter dated 10/23/13 242-1611, 303 Abbott Street (Lot 2) (Boberin, LLC) (Wetlands & Land Management, Inc) William Manuell of Wetlands & Land Management, Inc. is present. Ms. Feltovic read the legal notice. Mr. Manuell presents the proposal for a new house, septic system and dry well. Only clearing, grading and a drywell are in jurisdiction. Mr. Mabon discusses the need to address land disturbance permit issues associated with the 3 lots. Mr. Manuell states the owner is amenable to including BMPs for construction entrances and catch basin protection. A motion to close and issue a decision within 21 days is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Notice of Intent Letter from Wetlands & Land Management dated 10/7/13 Locus Map WPA Form 3-Notice of Intent NOI Wetland Fee Transmittal Form Copy of State and Town Checks /18/13 Project Description Site Development Plan dated 10/11/13 242-1610, 303 Abbott Street (Boberin, LLC) (Lot 3) (Wetlands & Land Management, Inc.) William Manuell of Wetlands & Land Management, Inc. is present. Mr. Saal read legal notice. Mr. Manuell reviews the proposal for a single family home and septic system. He states there would dry well installed on site and drainage swale. The leach field is outside of the The foundation drain is shown in th-Build Zone but can be moved. Mr. Mabon states there should be a permanent boundary, preferably a loose fitting stone wall installed along the outside of 25-foot No-Disturbance zone to protect the resource areas. Mr. Manuell requests that fencing be allowed to demarcate the western boundary. Mr. Mabon states the applicant should request a continuance for revised plans to be submitted. A motion to grant the request for a continuance to November 6, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: Application Checklist-Notice of Intent Letter from Wetlands & Land Management, Inc. dated 10/11/13 WPA Form 3-Notice of Intent Locus Map NOI Wetland Fee Transmittal Form Copy of State and Town Checks Certified Abutt Project Description Septic System Design Plan dated 10/10/13 242-1604, 288 Sutton Street (Smolak) (Sullivan Engineering Group, LLC) (cont. from 10/9/13) (Request to cont. to 11/6/13) A motion to grant the request for a continuance to the November 6, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Document: E/Mail from John Sullivan of Sullivan Engineering Group, LLC requesting a continuance . to November 6, 2013 meeting 242-1608, 120 Campion Road (Sigman) (Sullivan Engineering Group, LLC) Mr. Saal read the legal notice. Administrator states this has not been heard by the Planning Board yet for a watershed special permit. A motion to grant the request for a continuance to November 20, 2013 meeting is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent Wetland Fee Transmittal Form Notification to A Copy of State and Town Checks A copy of a portion of the USGS Map with site highlighted Site Development Plan of Land dated 10/4/13 General Business: 8:45 PM 242-1561, COC Request, 109 Nutmeg Lane (Gorman) (Marchionda & Associates, L. P.) (cont. from 10/9/13) The applicant Robert Gorman of 109 Nutmeg Lane is present. Administrator states the applicant has submitted photos of the fence and wetland makers have been installed. A motion to issue the COC is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. 242-1114, Partial Bond Release Request, Meetinghouse Commons (Meetinghouse Commons, LLC) The applicant Thomas D. Zahoruiko of Meetinghouse Commons, LLC is present. Mr. Zahoruiko reviews the project as it has progressed over the years. As-built plans have been submitted. No prior bond releases have been sought. A motion to issue the partial bond release of $15,000 plus all interest is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Thomas D. Zahoruiko dated 10/15/13 Master Certified Foundation Plan dated 11/12/12 242-1467, Request Partial Bond Release, 1275 Turnpike Street (Brightview North Andover, LLC) (Marchionda & Associates, L. P.) A motion to grant the request for a continuance to November 6, 2013 meeting is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Document: Letter from Marchionda & Associates, L. P. dated 10/16/13 242-1298, COC Request, 315 South Bradford Street (Smolak Farms, LLC) (cont. from 10/9/13) The applicant H. Michael Smolak of Smolak Farms, LLC is present. Administrator states the applicant has planted more 10 Blueberry bushes and 10 Winter Berry Holly bushes this would have to be continuance to spring of 2014 to allow plantings to grow. No action taken. Matter continued for 7 months. 242-1511, COC Request, 80 Dale Street (Massachusetts Electric Company) (VHB) Administrator states the only deviation is the location and configuration of the cable trench. A motion to grant the request for a continuance to November 6, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: Letter from National grid dated 10/14/13 WPA Form 8A-Request for Certificate of Compliance Copy of Town Check As-Built Plan dated 8/23/13 Enforcement Orders 242- (Update) Administrator states she has a meeting with the new area manager on site tomorrow. A motion to grant the request for a continuance to November 6, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. 384 Osgood Street (Division of Public Works) (Ratification-Local Bylaw Only) A motion to ratify the Enforcement Order is made by Ms. Feltovic, seconded by Mr. Saal. Vote unanimous. Documents: WPA Form 9-Enforcement Order Local Bylaw Only Decisions 242-1605, 285 Rea Street Administrator reviews the drafted Order of Conditions. The Commission accepts Order of Conditions as drafted. A motion to accept the Order of Conditions as drafted is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. 242-1607, 168 Campbell Road Administrator reviews the drafted Order of Conditions. The Commission accepts Order of Conditions as drafted. A motion to accept the Order of Conditions as drafted is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. 242-1609, 59 Bannan Drive Administrator reviews the drafted Order of Conditions. The Commission accepts Order of Conditions as drafted and amended. A motion to accept the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. 242-1603, 315 South Bradford Street Administrator reviews the drafted Order of Conditions. The Commission accepts Order of Conditions as drafted and amended. A motion to accept the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. A motion to adjourn the meeting at: 9:15 PM is made by Ms. Feltovic, seconded by Mr. Mabon Vote unanimous.