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HomeMy WebLinkAboutCCMeetingMinutes_07.10.13 Conservation Commission Meeting Minutes July 10, 2013 Members Present: Louis A. Napoli, Chairman, Deborah A. Feltovic, Albert P. Manzi, Jr. Douglas W. Saal. Members Absent: Joseph W. Lynch, Jr., Vice Chairman, John T. Mabon, Sean F. McDonough. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge, Conservation Secretary. Pledge of Allegiance Meeting came to Order at: 7:40 PM Quorum Present. Approval of Minutes of 6/12/13 A motion to accept the meeting minutes of 6/12/13 as drafted and reviewed is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Small Project NACC#113, 124 Bridle Path (Orlansky) (Arco Ex) (Sewer Connection) Joseph Cristaldi of Arco Excavators explains the proposal for installation of 280 l.f. of sewer force main along the side of the driveway. A motion to accept proposal as a small project 4.4.2D is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. A motion to approve the small project as proposed is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Letter from Arco Excavators dated 7/9/13 North Andover MIMAP dated 3/21/13 North Andover MIMAP dated 3/21/13 Notice of Intent (NOI) 242-1582, 1049 Salem Street (Lot 70) (Hughes) (Merrimack Engineering Services, Inc.) (cont. from 6/26/13) (Request to cont. to 8/14/13) A motion to grant the request for a continuance to the August 14, 2013 meeting is made by Ms. Feltovic, seconded by Vote unanimous. Document: E/Mail from Douglas Ahern requesting a continuance to August 14, 2013 meetingdated 7/9/13 242-1589, 1077 Osgood Street (Angus Realty Corporation) (Lynnfield Engineering, Inc.) (cont. from 6/12/13) (Request to cont. to 7/24/13) A motion to grant the request for a continuance to the July 24, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: E/Mail from Richard Barthelmes of Lynnfield Engineering, Inc. requesting continuance to July 24, 2013 meeting dated 7/9/13 242-1595, 1665 Great Pond Road (Technical Training Foundation Trust) (Andover Consultants, Inc.) (cont. from 6/26/13) (Request to cont. to 7/24/13) A motion to grant the request for a continuance to the July 24, 2013 is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: E/Mail from James S. Fairweather II, P. E. of Andover Consultants, Inc. requesting a continuance to July 24, 2013dated 7/8/13 242-1597, 303 Berry Street (Perry) (cont. from 6 /26/13) The Administrator summarizes the plan changes. Mr. Napoli asks about the changes to the deck and the need for deck stairs. Mr. Perry (homeowner) states he is unsure if he will add stairs to the deck. Mr. Napoli states a provision in the OOC could deal with administrative approval of deck stairs. Mr. Manzi asks about the shed located in the No-disturb Zone. Administrator states that the shed is shown on all aerial photos since the house was built. Mr. Perry states that the shed was there when he bought the house. Ms. Feltovic asks about the upgrade to the septic system. All work for septic system except tree removal and grading which are shown on the plan A motion to grant to close and issue a decision within 21 days is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Document: Proposed Site Development Plan dated 6/24/13 242-1593, 16 Berry Street (North Andover Holdings, LLC) (LEC Environmental Consultants, Inc.) (cont. from 6/26/13) (Request to cont. to 8/14/13) A motion to grant the request for a continuance to the August 14, 2013 meeting is made by Ms. Feltovic. Vote unanimous. Document: E/Mail Letter from Ann M. Marton of LEC Environmental Consultants, Inc., requesting a continuance to August 14, 2013 meeting dated 7/3/13 NACC# 111, 50 Royal Crest Drive (Building 40) (AIMCO North Andover, LLC) (Cornerstone Land Consultants) (cont. from 6/26/13) The applicant Dan Milinazzo of AIMCO North Andover, LLC, Matthew Steich of AIMCO North Andover, LLC, and Kenneth Lania of Cornerstone Land Consultants are present. The commission briefly discusses bonds for the projects. A motion to close and issue a decision within 21 days is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. NACC#112, 50 Royal Crest Drive (Buildings 23 & 26) (AIMCO North Andover, LLC) A motion to close and issue a decision within 21 days is made by Mr. Manzi, seconded Ms. Feltovic. Vote unanimous. 242-1599, 50 Royal Crest Drive (Building 49) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 6/26/13) A motion to close and issue a decision within 21 days is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. 242-1598, 50 Royal Crest Drive (Building 37) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 6/26/13) A motion to close and issue a decision within 21 days is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Amendment 242-1480, 14 Lorraine Avenue (Breenmore Realty Trust) (The Neve-Morin Group, Inc.) Mr. Saal read the legal notice. Mr. Morin of The Neve-Morin Group, Inc reviews the prior permitting process and describes the changes the potential owner of the lot, David Kindred, would like to make. The changes include a slightly smaller house footprint, a garage under, relocation of a utility pole, a small retaining wall to hide the raised foundation (split level house), screening of the proposed deck and additional buffer zone restoration on the northern end of the lot. Mr. Morin states we would like leave the hearing open until July 23, 2013 for DEP comments on the Superseding OOC. Ms. Saracusa, abutter, asks if additional drainage can be provided. Mr. Kindred states a drip trench has been added around the house. Mr. Morin states the infiltrator trench should relieve some of the flooding within this area. There is also a bigger buffer zone proposed in this area. Mr. Napoli agrees more infiltration in this area should relieve some of the problems. A motion to grant the request for a continuance to July 24, 2013 meeting is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from The Neve-Morin Group, Inc. dated 6/27/13 Copy of Check Plan of Land Showing Site Development-Option E dated 6/26/13 General Business at: 8:10 PM 242-1398, COC Request, 575 Osgood Street (Edgewood Retirement Community, Inc.) (cont. from 6/26/13) (Request to cont. to 7/24/13) A motion to grant the request for a continuance to the July 24, 2013 meeting is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Document: E/Mail from David Mermelstein of Trident Project Advisors and Development Group requesting a continuance to July 24, 2013 meeting dated 7/8/13 242-1520, COC Request, 50 Tiffany Lane (Seville) (Pennoni Associates, Inc.) Administrator reviews the update prepared by the Field Inspector. Monitoring on the restoration area is complete. Full COC is recommended. A motion to issue the COC is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Pennoni Associates, Inc. dated 1/14/13 WPA Form 8A-Request for Certificate of Compliance As-built Site Plan dated 1/14/13 242-1560, 82 Saunders Street (Saratoga Properties, LLC) (Andover Consultants, Inc.) The applicant Joseph Levis of Saratoga Properties, LLC is present. The Administrator reviews the recommendation of the Field Inspector. The as-built confirms that the house, driveways and infiltration were constructed according to the record plan. Recommendation is to issue a COC A motion to issue the COC is made by Mr. Manzi, seconded by Mr. Saal. Vote unanimous. Documents: Letter from Andover Consultants, Inc. dated 7/1/13 WPA Form 8A-Request for Certificate of Compliance Appendix A-Affidavit dated 7/1/13 As-Built Topographic Plan dated 6/25/13 242-1550, Stormwater Review, 50 Royal Crest Drive (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) The applicant Dan Milinazzo of AIMCO North Andover, LLC, Matthew Steich of AIMCO North Andover, LLC, and Kenneth Lania of Cornerstone Land Consultants, Inc. is present. Administrator states Eggleston Environmental did not received the review stormwater packet yet. Mr. Lania states he E/Mailed her copy for stormwater review for Conservation Commission requirement at last meeting. Mr. Lania reviews the meeting held with Lisa Eggleston and Gene Willis where the stormwater management plan was first presented. Mr. Lania discusses future stormwater plans that Royal Crest would like to file but need the bond money held by the commission to undertake. This includes plans for the G- series. The Administrator states that stabilization and installation of wetland markers is complete. Mr. Manzi states the Conservation Commission needs to wait for the third party review from issuing the COC and suggests that a partial bond release can be done to help with the finances. Mr. Lania states AIMCO is under end of year fiscal pressure and projects need to get done or the funding will be lost. Third party review and bond issues are discussed. A motion to grant to issue a partial bond release half of the remaining bond is made by Mr. Manzi, seconded by Ms. Feltovic. Vote 3 to 1 (Mr. Napoli opposed) A continuation on the Certificate of Compliance issue is agreed to. A motion to grant the request for a continuance to the July 24, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Documents: WPA Form 8A-Request for Certificate of Compliance Letter from Cornerstone Land Consultants, Inc. dated 7/3/13 Letter from Eggleston Environmental dated 11/27/12 Foundation Drainage As-Built Construction Plan dated 12/11/12 NACC# 94, COC Request, 50 Royal Crest Drive (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) A motion to grant the request for a continuance to July 24, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Manzi (see discussion above) Vote unanimous. Documents: WPA Form 8A-Request for Certificate of Compliance Letter from Cornerstone Land Consultants, Inc. dated 7/3/13 Letter from Eggleston Environmental dated 11/27/12 Foundation Drainage As-Built Construction Plan dated 12/11/12 NACC#95, COC Request, 50 Royal Crest Drive (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) A motion to grant the request for a continuance to July 24, 2013 is made Ms. Feltovic, seconded by Mr. Manzi (see discussion above). Vote unanimous. Documents: WPA Form 8A-Request for Certificate of Compliance Letter from Cornerstone Land Consultants, Inc. dated 7/3/13 Letter from Eggleston Environmental dated 11/27/12 Foundation Drainage As-Built Construction Plan dated 12/11/12 Enforcement Order Ratification NACC# 7, 80 Saile Way (Russell) Administrator states the homeowner is meeting with Town Planner and Conservation Administrator tomorrow. The Commission reviews the Enforcement Order. Mr. Manzi states if the applicant does not want to work to resolve the violation, fines should start immediately. A motion to ratify the Enforcement Order is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: WPA Form 9-Enforcment Order dated 6/25/13 Letter Enforcement Order dated 6/25/13 Letter from Judy Tymon, Town Planner dated 6/24/13 Pictometry Online Photo 2012 dated 6/24/13 Pictometry Online Photo 2007 dated 6/24/13 Pictometry Online Photo 2005 dated 6/24/13 Special Permit Site Plan dated 2/23/05 85 Flagship Drive Administrator states office received an anonymous call that land clearing was occurring at 85 Flagship Drive. Mr. Manzi states ¾ inch stone berm should be placed between the dredged area and the wetland resource area to clean sediment out of the water. Mr. Manzi discusses a cease and desist. Administrator states there is O & M Plan allowing maintenance of the drainage swale best managemen here. Mr. Napoli states the stone should be in place by Friday. Fines of $100 per day should issue. A motion to grant to ratify the Enforcement Order is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: WPA Form 9-Enforcment Order dated 7/2/13 Violation Letter dated 7/2/13 2/13 Enforcement Order Violation Letter dated 7/2/13 Decisions 242-1597, 303 Berry Street Administrator reviews the draft Order of Conditions. The Commission accepts Order of Conditions as amended. A motion to accept the Order of Conditions as amended is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. NACC#111, 50 Royal Crest Drive Administrator reviews the drafted Order of Conditions. The Commission accepts Order of Conditions as amended. A motion to accept the Order of Conditions as amended is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. NACC#112, 50 Royal Crest Drive Administrator reviews the drafted Order of Conditions. The Commission accepts Order of Conditions as amended. A motion to accept the Order of Conditions as amended is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. 242-1598, 50 Royal Crest Drive Administrator reviews the draft Order of Conditions. The Commission accepts Order of Conditions as amended. A motion to accept the Order of Conditions as amended is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. 242-1599, 50 Royal Crest Drive Administrator reviews the drafted Order of Conditions. The Commission accepts Order of Conditions as amended. A motion to accept the Order of Conditions as amended is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. A motion to adjourn the meeting at: 9:00 PM is made by Mr. Manzi, seconded by Ms. Feltovic Vote unanimous.