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HomeMy WebLinkAboutCCMeetingMinutes_09.24.14 Conservation Commission Meeting Minutes September 24, 2014 Member Present: Louis A. Napoli, Chairman, Douglas W. Saal, Vice Chairman, Joseph W. Lynch, Jr., John T. Mabon, Deborah A. Feltovic, Sean F. McDonough. Members Absent: Albert P. Manzi, Jr. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge, Conservation Secretary. Pledge of Allegiance Meeting came to Order at: 7:01PM Quorum Present. Approval of Minutes 7/23/14 & 8/14/14 Table Minutes to next meeting per Chairman. Public Meeting: 7:02 PM Small Project NACC#133, 35 Hawthorne Place (Fresen) Mr. Fresen of 35 Hawthorn Place is present. The Administrator reviews the propos No-Build Zone. Mr. Foster states he would put crushed stone under the blocks. A motion to accept this filing as a small project 4.4.2C is made by Mr. McDonough, seconded by Mr. Mabon. Vote unanimous. A motion to approve the project as proposed with a pre and post construction meeting is made by Mr. McDonough, seconded Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Letter for Description of work dated September 17, 2014 As-Built Topographic Plan dated May 29, 1996 Public Hearings: 7:04 PM Request for Determination of Applicability 550 Osgood Street (Callahan) William Foster of Cote & Foster is present. Mr. McDonough reads the legal notice. The Administrator presents the proposal to expand the existing deck. The total deck would be more than 300 s.f. and does not meet the small project requirements. The patio -Disturb zone was permitted after the fact some years ago. Mr. Foster stone would be placed under the deck. Mr. Mabon asks about a discrepancy in the filing. . Mr. Lynch asks about the stairs. Mr. Foster states the stairs will remain in their current location. Mr. McDonough asks how the patio was accepted. The Administrator states the patio was approved by a past commission with an after the fact filing. A motion to issue a negative determination #3 with a requirement for pre and post construction site inspections is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Certif As-Built Plan of Land dated November 30, 1999 NHESP Map dated September 24, 2014 USGS Locus Map dated September 24, 2014 As-Built Plan of Land dated November 30, 1999 September 24, 2014 234 Blue Ridge Road (Guggenberger) The applicant Kurt & Anne Marie Guggenberger are present. Ms. Feltovic reads the legal notice. The Administrator distributes photos of the site to the commission. She presents the proposal to remove twelve trees. Six of the trees are along the driveway and several of those Mr. Mabon asks about pruning the driveway trees. Mr. McDonough states the driveway trees would not be a negative RDA. He recommends they trimmed. Mr. Guggenberger asks if there is a grandfather provision for the driveway trees. There is not. Mr. Napoli . Mr. Guggenberger states his intention to plant new trees/shrubs where the white pines are located. A motion to issue a negative determination #3 No-Disturb Zone. Trees within the No-Disturb Zone may only be pruned. A pre and post construction meeting is required. Motion made by Mr. Lynch, 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 September 3, 2014 USGS Map dated September 8, 2014 NHESP Map dated September 8, 2014 North Andover MIMAP dated September 24, 2014 60 Sherwood Drive (Hearts) Christopher Downer of Downer Brothers Landscaping Inc. is present. Mr. Lynch reads the legal notice. Mr. Mabon states and a pre and post construction inspection will be needed. Mr. Napoli states fill is needed for the project and asks about acess. Mr. Napoli states boulders will be needed to support the fill. Mr. Lynch asks that filter fabric be used in front of the boulders to prevent sediment from migrating through. Mr. McDonough discusses the difference between an RDA and an NOI filing. Administrator states all the project is outside of 50-foot No-Build zone. A motion to issue a negative determination #3 with conditions requiring a pre and post construction meeting, erosion controls, filter fabric and/or crushed stone behind the wall is made by Mr. Mabon, 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 014 USGS Map dated September 24, 2014 NHESP Map dated September 24, 2014 Plan of Land dated September 10, 2014 General Business: 7:45 PM Eagle Scout Project John Sullivan the Eagle Scout candidate is present. Mr. Sullivan shows a prototype of the wood duck box he intends to build and install on Mosquito Brook . Mr. Mabon states this is good wildlife improvement project and recommends the Wood Duck Boxes have a cleanout door because they need to be cleaned out every year. Mr. Lynch states this is good project and asks when the applicant when he will be 18 years old. Mr. Sullivan replies his birthday is in March. The commission discusses other possible locations for the boxes and the features of the wood duck box. Documents: Photo of John Sullivan pro type wood duck box E/Mail from Pamela Merrill of DEP dated September 10, 2014 Certificate of Compliance Request 242-1568, COC Request, 50 Royal Crest Drive (Building 48) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 9/10/14) Kenneth Lania of Cornerstone Land Consultants, Inc. is present. Mr. Lania reviews changes that were made to the project due to utilities in the roadway. The drain line needed to be rerouted. A motion to issue the COC for Building 48 is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Cornerstone Land Consultants, Inc. dated December 5, 2012 WPA Form 8A-Request for Certificate of Compliance Constructio Post- 242-1541, COC Request, 940 Johnson Street (Taylor Family Trust) (Merrimack Engineering Services, Inc.) Administrator states the site is stabilized and wetland markers are in place. A motion to issue the COC is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Merrimack Engineering Services, Inc. dated September 10, 2014 WPA Form 8A-Request for Certificate of Compliance As-Built Plan of Land dated September 10, 2014 242-89, PCOC Request, 7 Olympic Lane (Lot 39) (Mucica) (Law Office of Matthew J. Kimball, PC) Matthew J. Kimball of Law Offices of Matthew J. Kimball, PC is present. Mr. Kimball states this lot had a requirement for compensatory flood to be built before Lot 25A could be built. The field inspector had conducted a site visit and determined that the area appears to have been constructed. File information indicates it was as well. Mr. Mabon asks how we can be certain. No answer. The commission discusses the process. A motion to issue the PCOC for 7 Olympic Lot 39 only is made by Mr. Lynch, seconded by Mr. McDonough. Vote unanimous. Documents: Letter from Law Offices Matthew J. Kimball, PC dated September 17, 2014 WPA Form 8A-Request for Partial Certificate of Compliance 242-1557, PCOC Request, 60 Millpond only (Millpond Home Owners Associations) Administrator states the Order of Conditions is still active but does not believe it should hold up the sale of this unit. A motion to issue the PCOC for 60 Millpond Road only is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Document: WPA Form 8A-Request for Partial Certificate of Compliance 242-1597, COC Request, 303 Berry (Perry) (Sullivan Engineering Group, Inc.) Administrator states the addition and deck were constructed in compliance with the order. Mr. McDonough states the wall is longer than proposed and is not in compliance. States the applicant needs to file modification request. Mr. Mabon states the applicant should have notified the Conservation Department. Administrator states the applicant saved two trees that were not cut down. The commission discusses the meaning of substantial compliance. A motion to deny the COC request and require the filing of an after the fact modification for the additional stonewall installation is made by Mr. Mabon, seconded by Mr. McDonough. Vote 3 to 2 (Mr. Saal opposed and Mr. Lynch opposed) Documents: Letter from Sullivan Engineering Group, LLC dated August 19, 2014 WPA Form 8A-Request for Certificate of Compliance As-Built Plan of Land dated August 19, 2014 242-1610, COC Request, 325 Abbott Street (Lot 3) (Boberin LLC) (DC MacRitchie, Inc.) (cont. from 9/10/14) Mr. Bob Corcoran of Boberin LLC is present. Administrator states the erosion controls have been removed and the mulch spread as requested. There are some discrepancies (patio, retaining wall). A motion to issue the COC is made by Mr. Lynch, seconded by Mr. Mabon Vote 5 to 1 (Mr. McDonough opposed) Documents: Letter from DC MacRitchie, Inc. dated September 2, 2014 Letter from DC MacRitchie, Inc. dated September 10, 2014 WPA Form 8A-Request for Certificate of Compliance As-Built Plan dated September 14, 2014 242-1611, COC Request, 315 Abbott Street (Lot 2) (Boberin LLC) (DC MacRitchie, Inc.) (cont. from 9/10/14) See discussion above. A motion to issue the COC is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Documents: Letter from DC MacRitchie, Inc. dated September 2, 2014 Letter from DC MacRitchie, Inc. dated September 10, 2014 WPA Form 8A-Request for Certificate of Compliance As-Built Plan dated September 14, 2014 242-1470, COC Request, 195 Bridle Path (Ercolini) (Andover Consultants, Inc.) Administrator states the applicant request a continuance to October 22, 2014 meeting. A motion to grant the request for a continuance to the October 22, 2014 meeting is made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. Document: E/Mail from James S. Fairweather of Andover Consultants, Inc. requesting a continuance to October 22, 2014 meeting dated September 22, 2014. 242-1491, COC Request, 1003 Osgood Street (Osgood Properties LLC) (Norse Environmental Services, Inc.) John Grasso of Osgood Properties LLC is present. Administrator states the project is in substantial compliance with the exception that the emergency shut- Mr. Mabon states the emergency shut off valve needs to be found. Administrator reviews several other minor discrepancies including an air conditioner pad and a small stone wall. The markers and no-snow stockpiling and no-salt signs are up on the site. Only annual mowing of the No Disturb is allowed. Mr. Mabon states the site is not in compliance. Mr. Lynch states the stormwater shutoff needs to be on the plan. A motion to grant the request for continuance to October 8, 2014 meeting is made by Mr. Lynch, seconded Ms. Feltovic. Vote unanimous. Documents: Letter from Norse Environmental Services, Inc. dated September 4, 2014 WPA Form 8A-Request for Certificate of Compliance Letter from Land Engineering & Environmental Services, Inc. dated August 29, 2014 Letter from Grasso Construction Company, Inc. dated September 15, 2014 Letter from Land Engineering & Environmental Services, Inc. dated October 4, 2014 Letter from Land Engineering & Environmental Services, Inc. dated August 26, 2014 23, 2014 Enforcement Order 294 Chestnut Street (Wentzel) The applicant Keith Wentzel of 294 Chestnut Street and Greg Hochmuth of Williams & Sparages LLC is present. Mr. Hochmuth states the site was reflagged. He reviews the work done on the site and the site history. Mr. Hochmuth states the house was built in 1966. Photos of the site prior to disturbance are shown. Mr. Hochmuth states the applicant understands they would be filing Notice of Intent with Conservation Commission. Mr. Wentzel discusses planting the site. Mr. Lynch states stabilizing the site is important. A motion to ratify the Enforcement Order is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Conservation Department dated September 15, 2014 WPA Form 9-Enforcement Order dated September 15, 2014 Letter from Williams & Sparages dated September 24, 2014 A motion to adjourn the meeting at: 9:15PM is made by Mr. McDonough, seconded Ms. Feltovic. Vote unanimous.