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HomeMy WebLinkAboutCCMeetingMinutes_02.12.14 Conservation Commission Meeting Minutes February 12, 2014 Members Present: Louis A. Napoli, Chairman, Joseph W. Lynch, Jr., Vice Chairman, Albert P. Manzi, Jr., John T. Mabon, Deborah A. Feltovic, Sean F. McDonough, (arrived at 7:08 p.m.), Douglas W. Saal. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge, Conservation Secretary. Pledge of Allegiance Meeting came to Order at:7:02PM Quorum Present. Approval of Minutes 12/11/13 Mr. Napoli points out that a vote remains highlighted in yellow. Administrator states she will edit before posting. A motion to accept the meeting minutes of 12/11/13 as drafted and reviewed is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Public Hearings: 7:04PM Request for Determination of Applicability 107 Campion Road (Saragas) (Wetland Preservation, Inc.) (cont. from 1/22/14) The applicant Dimitrios Saragas and Curtis R. Young of Wetland Preservation, Inc. are present. Mr. Young reviews the discussion at the last meeting. Third party review was not done due to likelihood that isolated area would be jurisdictional under the local bylaw. Mr. Young states applicant will accept positive determination and file NOI. He reviews plan to design rain gardens to replace functions and values of isolated wetland area. Dense shrub plantings and stormwater treatment would be provided. Mr. Mabon states he is in favor of that process. Mr. Manzi states that he is supportive of the direction Mr. Young is taking. A motion to issue a positive determination under the local bylaw is made by Mr. Mabon, seconded Ms. Feltovic. Vote unanimous. The Chairman takes the following PCOC matter out of order for resolution prior to the NOI hearing 242-266, PCOC Request, 120 Campion Road (Lot 9AA) (Sigman) (Fiorello & Migliori Attorneys at Law) John Sullivan of Sullivan Engineering Group, LLC is present. The Administrator states that his Order was superseded by DEP File #242-335 which has a COC. A motion to issue the PCOC for 120 Campion Road only is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Fiorello & Migliori Attorneys at Law dated May 25, 2012 WPA Form 8A-Partial Request for Certificate of Compliance Photos dated 10/22/2013 Notice of Intent (NOI) 242-1608, 120 Campion Road (Sigman) (Sullivan Engineering Group, LLC) (cont. from 1/22/14) John Sullivan of Sullivan Engineering Group, LLC is present. Administrator reviews the project and states that a Watershed Special Permit was granted by the Planning Board in December 2013. The easement on the property is a sewer easement and DPW does not have an issue with the proposed project. Mr. Mabon asks Mr. Sullivan to briefly describe the proposed work. Mr. McDonough asks about the old order. A motion to close and issue a decision within 21 days is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. 242-1593, 16 Berry Street (North Andover Holdings, LLC) (LEC Environmental Consultants, Inc.) A motion to grant the request for a continuance to the February 26, 2014 meeting is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Document: E/Mail from Ann Marton of LEC Environmental Consultants, Inc. requesting a continuance to the February 26, 2014 meeting. Letter dated February 12, 2014. General Business 242-634, PCOC Request, 43 Oxbow Circle (Lot 22A) (Broadhurst) (Hayes Engineering, Inc.) Administrator states the Determination was recorded at the registry as required by the Commission. A motion to issue the PCOC for 43 Oxbow Circle only is made by Mr. Lynch, seconded by Mr. Manzi. Vote unanimous. Documents: Letter from Broadhurst & Tabit, LLP dated 10/24/13 Letter from Hayes Engineering, Inc. dated 11/19/2009 WPA Form 8A-Partial Request for Certificate of Compliance Copy of Town Check As-Built Plan of Land dated November 5, 2009 RDA recording Book 13763, Pages, 207, 208, 209, 210, 211, 212 dated January 27, 2014 Photos dated 11/5/2013 242-1459, COC Request, Empire Drive Parcels 114-146 (Orchard Village, LLC) (Christiansen & Sergi, Inc.) The applicant Robert Messina of Orchard Village, LLC and Donald F. Borenstein of Johnson & Borenstein, LLC are present. Administrator summarizes review of as-built plans, monitoring and other information submitted with the request for COC. Administrator reports that there are issues with stabilization on Lot 6 and concerns about the porous pavement driveway function in several areas. The administrator also reports there are minor discrepancies in the detention pond construction. Mr. Messina reviews the issue with the owner of Lot 6 and states he has sent that owner a letter as it is a violation and needs to be fixed. The NACC discusses possible enforcement action on Lot 6. Mr. Manzi recommends third party review by Joe Peznola of Hancock Associates who reviewed the drainage during permitting for the ZBA and the NACC. Mr. Lynch the discrepancies at the overflow berm and how they might be addressed. He also recommends review to ensure full compliance. A motion to grant the request for a continuance to March 12, 2014 meeting to allow for third party review is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Orchard Village Drainage summary E/Mail from Leah Basbanes planting plan monitoring dated 6/21/10 Letter from Pierson Nurseries, Inc. dated 6/17/10 Monitoring Report from Leah Basbanes of Basbanes Wetland Consulting dated 10/8/2010, Report dated May 24, 2011, Report dated September 20, 2011 Letter from Eugene P. Willis, MS, PE dated January 9, 2014 As-Built Plan dated February 11, 2014 WPA Form 8A-Request for Certificate of Compliance Letter from Christiansen & Sergi, Inc. dated January 27, 2014 Copies of previous PCOC and COC issued recorded by the applicant Declaration of Orchard Village Homeowners Association recorded at registry of deeds Conservation As-Built Plan dated January 21 2014 Photos dated June 2013 Photos dated November 27, 2013 Decision 242-1608, 120 Campion Road (Lot 9AA) Administrator reviews the draft 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 6 to 1 (Mr. Lynch abstain) Discussions CR Half Mile Hill, Summit, Sunnyridge, Osler draft circulated Green Belt Monitory the sites and bow hunting only management plan on the CR, Rules and Regulation changes, Open Space, land Preservation. CR-Woodlea Road Town CR Maintenance of the Open Space. MACC Annual Environmental Conference 2014 date March 1, 2014 A motion to adjourn the meeting at: 8:30 PM is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous.