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HomeMy WebLinkAboutCCMeetingMinutes_07.24.13 Conservation Commission Meeting Minutes July 24, 2013 Members Present: Louis A. Napoli, Chairman, Deborah A. Feltovic, Albert P. Manzi, Jr. Sean F. McDonough. Members Absent: Joseph W. Lynch Jr., Vice Chairman,John T. Mabon, 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: 7:40 PM Quorum Present. Approval of Minutes of 6/26/13 A motion to accept the meeting minutes of 6/26/13 as drafted and reviewed is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Small Project NACC# 114, 21 Amberville Road (Carroll) (Tree Removal & Pruning) The applicant Robert Carroll of 21 Amberville Road is present. The Field Inspector circulates photos of the site. Field Inspector states there are two small birch trees, a hickory and a maple tree, 7 small pines and several shrub pines proposed for removal. Some are leaning toward the house -Disturbance Zone. Mr. Napoli asks if a preconstruction meeting is necessary. The Field Inspector responds that a preconstruction meeting will be held after the trees that are proposed for removal are marked. Mr. Napoli confirms that stumps will not be removed. Mr. Manzi suggests the applicant paint the stumps with herbicide to be sure there is no regrowth. A motion to accept as a small project 4.4.2 J is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. A motion to approve the small project as proposed is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures North Andover MIMAP dated 7/23/13 Copy of Town Check Photos dated 7/24/13 Public Hearings: 7:45PM Request for Determination of Applicability 224 Carlton Lane (Hughes) (McNeil Builders General Contractors, LLC) The applicant Greg Hughes of 224 Carlton Lane and a representative from McNeil Builders are present. Mr. Manzi read the legal notice. Field Inspector presents the proposed work to build a new deck on 8 new footings rom wetlands. Access is proposed off of the existing driveway and erosion control will be installed. Mr. McDonough asks about the location of the wetlands. Mr. Napoli asks about concrete washout and recommends using a cart and buckets for pouring concrete. Mr. Manzi states there are no waiver request for this project. Field Inspector states no there is no waiver request with this project. A motion to issue a negative determination #3 with conditions for erosion control and pre and post constructions meetings is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Signatures and submittal Requirements USGS Map dated 7/17/13 Form Sketched Plan of Proposed Deck dated 7/8/13 Plan of Land Sketched of proposed Deck dated May 5, 2005 Photos dated 7/24/13 Notice of Intent (NOI) 242-1595, 1665 Great Pond Road (Technical Training Foundation Trust) (Andover Consultants, Inc.) (cont. from 7/10/13) William S. MacLeod of Andover Consultants, Inc. is present. A motion to close and issue a decision within 21 days is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Andover Consultants, Inc. dated 6/10/13 Site Plan revised dated June 3, 2013 242-1589, 1077 Osgood Street (Angus Realty Corporation) (Lynnfield Engineering, Inc.) (cont. from 7/10/13) (Request to cont. to 8/28/13) A motion to grant the request for a continuance to the August 28, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Documents: Letter from Eggleston Environmental dated 7/15/13 E/Mail from Richard Barthelmes of Lynnfield Engineering, Inc. for the request of a continuance to August 28, 2013 meeting dated 7/23/13. 242-1480, 14 Lorrain Avenue (Breenmore Realty Trust) (The Neve-Morin Group, Inc.) (cont. from 7/10/13) The applicant David Kindred and John Morin of The Neve-Morin Group, Inc. are present. Mr. Morin states he talked with DEP and they have no issues with the changes to the Amended Order of Conditions and will send an Amended SOC soon. Mr. Manzi states the amendment will be under the local bylaw only. Mr. Morin states that the driveway will be farther away and there will be additional plantings and infiltration to mitigate the new enclosed porch. The existing garage will also be removed. A motion to close and issue a decision within 21 days Local Bylaw only is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. General Business: 8:30 PM 242-1398, COC Request, 575 Osgood Street (Edgewood Retirement Community, Inc.) ( cont. from 7/10/13) (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 Mr. Manzi. Vote unanimous. Document: E/Mail from Bob Coppola of Edgewood Retirement Community, Inc. requesting a continuance to August 14, 2013 meeting dated 7/24/13. 242-1579, COC Request, 554 Foster Street (Runions) (Merrimack Engineering Services, Inc.) The applicant Joann Runions of 20 Washington Street, Unit 11 is present. The administrator states the installer rotated the tank and it is slightly in the No-Build Zone. The site is stabilized and monumented with wetland markers. Mr. Manzi asks if the Board of Health approved the system and the change. This is confirmed. A motion to issue the COC is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Merrimack Engineering Services, Inc. dated 6/25/13 WPA Form 8A-Request for Certificate of Compliance As-Built Plan of Land dated 6/21/13 242-1586, COC Request, 213 Carlton Lane (Fowler) (LJR Engineering, Inc.) Field Inspector reviews the as-built plan and notes minor discrepancies. A vent pipe was moved. Wetland markers are installed and the pool was added to the plan. A motion to issue the COC is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from LJR Engineering, Inc. dated 7/15/13 Letter from Homeowners David & Pamela Fowler dated 7/17/13 WPA Form 8A-Request for Certificate of Compliance Subsurface Septic System As-Built Plan dated 7/8/13 Subsurface Septic System As-Built Plans showing inground pool dated 7/24/13 Photos dated 7/24/13 242-95, PCOC Request, 91 Vest Way (Lot 36A) (Deluca) (Tomlinson & Hatch, LLC) Timothy Hatch of Tomlinson & Hatch, LLC is present. Field Inspector reviews compliance with the files. File #242-184 has an as-built plan for the house and septic system. Both are outside 100-foot buffer zone. The Field Inspector did an inspection and there are no violations. Mr. McDonough asks for more information Mr. Manzi discusses the easement and abandoned roadway on the lot. A motion to issue the PCOC for 91 Vest Way (Lot 36A) only is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Documents: Letter from Tomlinson & Hatch, LLC attorneys at law dated 7/17/13 WPA Form 8A-Request for Partial Certificated of Compliance Assessors Map As-Built Plan dated 8/11/1983 242-140, PCOC Request, 91 Vest Way (Lot 36A) (Deluca) (Tomlinson & Hatch, LLC) A motion to issue the PCOC for 91 Vest Way (Lot 36A) only is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Documents: Letter from Tomlinson & Hatch, LLC dated 7/17/13 WPA Form 8A-Request for Partial Certificate of Compliance Assessors Map As-Built Plan dated 8/11/1983 242-184, PCOC Request. 91 Vest Way (Lot 36A) (Deluca) (Tomlinson & Hatch, LLC) Timothy Hatch of Tomlinson & Hatch, LLC is present. Field Inspector states the file 242-184 has an as-built plan showing the house and septic system are outside the 100-foot buffer zone. The NACC discusses the plan Mr. Hatch states these houses were built by Mr. Thomas Laudani . There was a lot buying and selling within the development over the years. A motion to issue the PCOC for 91 Vest Way (Lot 36A) only is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Documents: Letter from Tomlinson & Hatch, LLC dated 7/17/13 WPA Form 8A-Request for Partial Certificate of Compliance Assessors Map As-Built Plan dated 8/11/1983 242-1428, Modification Request, Lot 4N-A Turnpike Street (One Hundred Fourteen Trust) (Patrick C. Garner of Garner Company, Inc.) Mr. Napoli states he has issues with the letter that states the proposed propane tanks could be buried, partially buried or installed above the ground. Mr. Manzi states this needs to be clarified. Mr. Napoli states the request could be denied for lack of information and that there should be no changes to phasing. A motion to grant the request for a continuance to August 14, 2013 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: Letter from Patrick C. Garner of Garner Company, Inc. dated 7/8/13 242-1550, COC Request, 50 Royal Crest Drive (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 7/10/13) Kenneth Lania of Cornerstone Land Consultants, Inc. is present. Administrator states Eggleston Environmental has reviewed the Stormwater Management Plan and agrees it is an acceptable plan. A motion to issue the COC is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Cornerstone Land Consultants, Inc. 7/3/13 WPA Form 8A-Request for Certificate of Compliance 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.) (cont. from 7/10/13) Kenneth Lania of Cornerstone Land Consultants, Inc. is present. Administrator states Eggleston Environmental has reviewed the Stormwater Management Plan and agrees it is an acceptable plan. A motion to issue the COC is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Documents: Letter from Cornerstone Land Consultants, Inc. dated 7/3/13 WPA Form 8A-Request for Certificate of Compliance 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.) (cont. from 7/10/13) Kenneth Lania of Cornerstone Land Consultants, Inc. is present. Administrator states Eggleston Environmental has reviewed the Stormwater Management Plan and agrees it is an acceptable plan. A motion to issue the COC is made by Manzi, seconded by Mr. McDonough. Vote unanimous. Documents : Letter from Cornerstone Land Consultants, Inc. dated 7/3/13 WPA Form 8A-Request for Certificate of Compliance Letter from Eggleston Environmental dated 11/27/12 Foundation Drainage As-Built Construction Plan dated 12/11/12 Enforcement Orders 85 Flagship Drive (Scollard) The administrator recommended that a representative attend the meeting tonight. Mr. Manzi asks the Administrator to check all outlets of the wetland to be certain the sediment has not accumulated. If it has areas should be restored. Stone in the swale is the best way keep siltation from building up in the wetland resource area. He also states that there is an O & M Plan that needs to be followed moving forward. Documents: Enforcement Order Letter dated 7/11/13 Violation Ticket #215 Enforcement Order Letter dated 7/23/13 Violation Ticket #220 Enforcement Order Letter dated 7/24/13 Violation Ticket #222 Photos dated 7/23/13 NACC#7 80 Saile Way (Russell) The Administrator presents the sequence of events in the violation. Mr. Manzi recommends that the Administrator contact Town Counsel to begin the process to seize the bond of $4000. The commission discusses the need for an as-built plan Documents: Enforcement Letter dated 7/19/13 Violation Ticket #216 Enforcement Letter dated 7/22/13 Violation Ticket #218 242-1399, 245 Berry Street (Fratto) Field Inspector reviews the violation letter sent May 2, 2013. Mr. Manzi discusses the history of the project. A motion to ratify the Enforcement Order is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Enforcement Order Letter dated 7/23/13 WPA Form 9-Enforcment Order dated 7/23/13 Decisions 242-1480, 14 Loraine Avenue Administrator reviews the drafted Order of Conditions. The Commission amends the OOC. A motion to approve the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. 242-1595, 1665 Great Pond Road Administrator reviews the drafted Order of Conditions. The Commission amends the OOC. A motion to accept the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. A motion to adjourn the meeting at: 9:00 PM is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous.