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HomeMy WebLinkAboutCCMeetingMinutes_05.28.14 Conservation Commission Meeting Minutes May 28, 2014 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi (arrived 7:06 p.m.) Jr., John T. Mabon, Deborah A. Feltovic, Douglas W. Saal, Sean McDonough (arrived 7:15 p.m.) Member Absent: Joseph W. Lynch, Jr., Vice Chairman Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Heidi Gaffney, Field Inspector Staff Members Absent: Donna M. Wedge, Recording Secretary Pledge of Allegiance Meeting came to Order at: 7:04 PM Quorum Present. Approval of Minutes of 4/23/14 A motion to accept the meeting minutes of 4/9/14 as drafted and reviewed is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Small Project NACC #127, 30 Campbell Road (Wilson) over 300 s.f. She recommends and a pre and post construction inspection and the use of a silt sock during construction. She observed no violations of the sub-zones during her site visit. The Inspector notes that there is a gap in the existing stone wall. Mr. Mabon asks if repair of the stone wall should be a condition of the permit. A motion to accept the project as a 4.4.2 Section J is made by Mr. Mabon and seconded by Ms. Feltovic. Vote is unanimous (Mr. Manzi abstains). A motion to approve the deck as proposed with pre and post construction inspection, erosion control and the stone wall restored is made by Mr. Mabon and seconded by Ms. Feltovic. Vote is unanimous (Mr. Manzi abstains). Documents: Application Checklist- Small Project Small Project Procedures North Andover MIMAP dated May 28, 2014 Written Narrative of Work to be performed and materials to be used Sketched Plan of deck dated May 20, 2014 MIMAP dated May 14, 2014 Photos dated May 28, 2014 Copy of Town Check Public Hearings: 7:05 PM Request for Determination of Applicability 290 Stevens Street (Lawlor) Mr. Saal reads the legal ad. The administrator presents and discusses the project. She states that the applicant there are no feasible alternatives for a driveway outside o The commission briefly discusses the proposal. A motion to approve the project and issue a negative Determination of Applicability is made by Mr. Manzi and seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Signature and Submittal Requirements NHESP Map dated 5/8/2014 USGS Map dated 5/8/2014 North Andover MIMAP dated 5/8/2014 Notification Form to Sketched Plan dated May 16, 2014 Pictometry Online Aerial dated May 28, 2014 North Andover MIMAP dated May 28, 2014 Notice of Intent (NOI) NACC#126 (Local Bylaw Only), 107 Campion Road (Lot 89) (Saragas) (Wetlands Preservation, Inc.) (Request to cont. from 5/14/14) (Request to cont. to 6/11/14) The administrator states that the applicant has requested to continue to 6/11/14. A motion to grant the request for a continuance to the June 11, 2014 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Documents: E/Mail from Curtis Young from Wetland Preservation, Inc. requesting am continuance to June 11, 2014 dated May 27, 2014 242-1621, 500 Great Pond Road (North Andover Country Club) (The Morin-Cameron Group, Inc.)(cont. from 5/14/14)(Request to cont to 6/11/14) The administrator states that the applicant has requested to continue to June 11, 2014. A motion to grant the request for continuance to the June 11, 2014 meeting is made by Vote unanimous. Documents: Letter from the Morin-Cameron Group, Inc. requesting a continuance to June 11, 2014 meeting dated May 27, 2014. 242-1623, 1160 Great Pond Road (Brooks School) (Aquatic Control Technology) Mr. McDonough reads the legal notice. The administrator briefly presents the proposal. Mr. Gazaille of Aquatic Control Technology presents the proposed project. He discusses the proposed herbicides and how they work as well as the need for and the scope of the proposed project. Mr. Mabon asks if there are any options without the use of chemicals. Mr. Gazaille discusses all the options and alternative methods. Mr. Mabon asks where the wetland discharges to. The administrator states that it heads towards Boxford through a stream which leads off property. The administrator asks about hydroraking. Mr. Gazaille states that hydroraking is not practical in this location. The administrator and the commission discuss the pros and cons of the different ways to control the nuisance vegetation. Mr. Manzi asks where the irrigation water is sprayed which comes from this pond. Mr. Gazaille states that it is used on the athletic fields and states that there will be a restriction on using the water for a minimum of 3 days after the application of the herbicide. Mr. McDonough asks if there will be any negative effects on fish. Mr. Gazaille states that any effect on fish would be negligible. A motion to close and issue a decision within 21 days is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Brief discussion ensues regarding a 5 year vs. a 3 year order of conditions, with Mr. Manzi stating that a 3 year order is sufficient and they can come back and ask for an extension if necessary. Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent General Information Project Description Resource Area Protection Construction Sequence Site Locus Map dated April 30, 2014 Vegetation Distribution dated April 30, 2014 Proposed Treatment Area dated April 30, 2014 Affidavit of Services dated April 30, 2014 25, 2014 Brooks School Pond surface Area 1.7 acres Estimated Average Depth feet 4-5 Maximum Observed Depth feet 9.0 Estimated Volume 7.7 ac-feet 2.5 million gallons Dominant Plant Species Coontail, Slender Spikerush, Smartweed, Filamentous Algae Monitoring Management of Nuisance Aquatic Species Proposed Aquatic Management Program Improvement of Water Quality NOI Wetland Fee Transmittal Form Copy of State & Town Checks 242-1624, 56 Monteiro Way (Heitzmann) (DeRosa Environmental Consulting, Inc.) Ms. Feltovic reads the legal notice. Mike Novak of Meridian Associates presents the project and states that the applicant will be removing several sections of patio and walkway and adding new sections of patio and walkway. The administrator discusses the history and background information for this lot, stating that a previous order of conditions issued in 2005 allowing a similar project, however much of the work was never done. She states that she has visited the property. Mr. Mabon asks about re-planting the play area. The administrator discusses the waiver request which was submitted with the application. Mr. Mabon asks about the existing pool pump and where the discharge goes to. Mr. Novak states that the filter is a backwash style and that it discharges near the wetland. Mr. Mabon states that the owners should mitigate for the pool discharge. Mr. Manzi states that he is also concerned about the pool discharge. Mr. Napoli states that the entire play area should be revegetated and states that he also has concerns about construction access. Ms. Feltovic states that more plants should be added. The administrator and the commission discusses the rear fence and the other fencing on the property. -disturb zone restored and asks about putting pervious patio material where the hot tub is proposed. Discussion ensues regarding existing fences, the old order of conditions and what is existing versus what is proposed. Mr. Mabon continues the discussion regarding the planting plans and the buffer zone and fences. The administrator suggests that the commission conduct a site visit for this project. The applicant requests a continuance. A motion to grant the request for a continuance to the June 11, 2014 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent General Information NOI Wetland Fee Transmittal Form Copy of State & Town Checks Affidavit of Service Narrative Existing Conditions Proposed work Town of North Andover Board of Assessors dated January 1, 2007 Locus Map MA GIS Map dated April 10, 2014 Soil Map dated April 10/2014 Soil Map Legend dated April 10, 2014 Map Unit Legend dated April 10, 2014 FEMA Map dated July 3, 2012 NHESP Map Site Plan of Land dated April 23, 2014 242-1592, Modification Request, Stevens Pond (Aquatic Control Technologies) Keith Gazaille of Aquatic Control Technology presents the modification request. Mr. Mabon asks questions about how they monitor the concentration of the herbicide. Mr. Gazaille states that they conduct water testing. The commission discusses the modification request. A motion to grant the modification as requested is made by Mr. McDonough, seconded by Mr. Mabon. Vote unanimous. Document: Letter from Aquatic Control Technology dated May 23, 2014 242-1575, COC Request, 21 Fuller Meadow Road (Kissel) (Kaminski & Associates, Inc.) (cont. from 1/22/14) Mr. Manzi recuses as an abutter. The Field Inspector states that the erosion control which was previously frozen in the ground has been removed. Mr. Kaminski of Kaminski & Associates presents the project as constructed and reviews the drainage improvements and mitigation plantings. He states there were no significant deviations from the proposed plan. The Field Inspector points out that the swale did not need to be constructed in the wetland. Mr. Kissel, homeowner, presents that he no longer has water in the basement or garage. A motion to issue the COC for 21 Fuller Meadow Road is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents : Letter from Kaminski & Associates, Inc. dated December 10, 2013 WPA Form 8A-Request Certificate of Compliance Request for a Certificate of Compliance Plan dated December 9, 2013 242-915, COC Request, 268 Raleigh Tavern Lane (Lyons) (Merrimack Engineering Services, Inc.) Mr. Mabon recuses as an abutter. The Field Inspector describes the project as a septic replacement that was proposed in 1998. She states the system has Health Department compliance letter and an as-built plan. There have been no other changes on site. A motion to issue a Certificate of Compliance is made by Mr. McDonough and seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from the Town of North Andover Board of Health dated June 5, 1998 Letter from Bateson Installer, Inc. dated September 22, 1998 WPA Form 8A-Request for Certificate of Compliance Plan of Subsurface Sewage Disposal System dated September 21, 1998 242-1298, COC Request, 315 South Bradford Street (Smolak Farms, LLC) (NRCS) (cont. from 10/9/13) The Field Inspector explains this request was continued from last fall to be sure the planted blueberry bushes survived. Photos were shared with the commission. A motion to issue the Certificate of Compliance was made by Ms. Feltovic and seconded by Mr. Manzi. Vote unanimous. Documents: Letter from Natural Resource Conservation Services dated September 26, 2013 WPA Form 8A-Request for Certificate of Compliance 242-452, PCOC Request, 140 Christian Way Ext (Lot 6) (Privert) (SKM Title & Closing Services, PC) The Field Inspector reviews the Order. She states the street is accepted and the house and the septic system were not jurisdictional. A motion to issue a PCOC for 140 Christian Way (Lot 6) is made by Ms. Feltovic and seconded by Mr. Mabon. Vote unanimous. Documents: Letter from SKM Title & Closing Services, PC WPA Form 8A-Request for Partial Certificate North Andover MIMAP aerial Photos dated May 28, 2014 Weir Hill Board Walk Extension (Eagle Scout Project/TTOR) Eagle Scout candidate Ethan Smith presents his proposal to extend an existing boardwalk and location of the boardwalk. He will use hemlock boards on sleepers. He states the trail is well used and can be difficult to traverse in winter. Mr. Mabon states this area is in need of a boardwalk. He asks if clearing is required. Mr. Smith states clearing is not required and all work will be done by hand with power tools to cut wood (to be done on tarp). Some rocks will need to be relocated. Mr. Mabon asks about the timeline to complete the work. Mr. Smith expects this to take 1 to 2 afternoons and one additional afternoon to install the boardwalk around the corner. He expects to start late June, sooner if possible. Mr. Manzi and Mr. McDonough like the proposal. A motion to issue a friendly Enforcement Order to authorize the work in resource areas is made by Mr. Manzi and seconded by Ms. Feltovic. Vote unanimous. Documents: Electronic Submission by Eagle Scout Ethan Smith to Conservation Administrator Decisions 242-1620, 179 Osgood Street Administrator reviews the draft Order of Conditions. A motion to accept the Order of Conditions as drafted is made by Mr. McDonough seconded by Mr. Mabon. Vote unanimous. 242-1622, 54 Long Pasture Road Administrator reviews the draft Order of Conditions and discusses the issue of the response from NHESP. NHESP response is due at the end of the 21 days the commission has to issue the order. The commission discusses timing. Motion to issue the Order of Conditions subject to receipt of review by NHESP made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Boston Hill, Estoppel Certificate The administrator discusses the certificate. Mr. Manzi asks why the commission needs to sign this. The commission discusses the certificate and asks the administrator to check into why the commission is required to do so. The administrator states she will check the restriction document and will follow up with the chairman. Bylaw Regulations, Fees and Checklist Revisions (cont. from 4/23/14) Mr. Lynch had a conflict this evening so the matter is on hold. A motion to adjourn the meeting at: 8:55 PM is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous.