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HomeMy WebLinkAboutCCMeetingMinutes_07.08.15 North Andover Conservation Commission Meeting Minutes July 8, 2015 Members Present: Louis A. Napoli, Chairman, Joseph W. Lynch, Jr., Albert P. Manzi, Jr., Sean F. McDonough. Members Absent: Douglas W. Saal, Vice Chairman, John T. Mabon, Deborah A. Feltovic. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge Conservation Secretary. Pledge of Allegiance Meeting came to Order at: 7:49 PM Quorum Present. Approval of Minutes 5/13/15 A motion to accept the meeting minutes of 5/13/15 as drafted is made by Mr. Manzi, seconded by Mr. Lynch. Vote unanimous. Public Meeting: 7:50 PM Small Projects NACC#150, 100 Campbell Road The Administrator states the applicant is proposing to connect to sewer and abandon the existing septic system. The proposed connection is outside of the 25-foot No-Disturbance zone and approximately 40-foot from Bordering Vegetated Wetland. Erosion controls should be required. A motion to accept this project as a small project 4.4.2L is made by Mr. McDonough, seconded by Mr. Lynch. Vote unanimous. A motion to approve the project as proposed with conditions for erosion control (silt sock), and pre and post construction inspections is made by Mr. McDonough, seconded by Mr. Lynch. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Copy of Town Check Letter prepared by Borachez Septic and Drain dated July 1, 2015 Photos prepared by North Andover Conservation Department dated June 2, 2015 NACC#151, 976 Turnpike Street The Applicant Peg Graveline of JEM Property Group, LLC is present. The Administrator presents the proposal to crush the existing septic tank which is approximately 90-foot from Bordering Vegetated Wetland. There is also debris in the buffer zone that needs to be removed. Ms. Graveline states she was unaware of the dumping and will have it removed. She also presents trees overhanging the house she would like to remove. Mr. Lynch asks if all of the trees are in mowed lawn. Ms. Graveline states they are. A motion to accept this as a small project 4.4.2L is made by Mr. McDonough, seconded by Mr. Lynch. Vote unanimous. A motion to approve the small project as proposed with additional approval for tree removal and conditions for a post-construction inspection and wetland markers at -Disturb Zone is made by Mr. McDonough, seconded by Mr. Lynch. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Copy of Town Check Septic Upgrade Plan prepared by Sullivan Engineering Group, LLC dated June 22, 2015 Photos prepared by North Andover Conservation Department dated July 8, 2015 Request for Determination of Applicability 209 Vest Way (Zawadzki) The Conservation Commission waives the reading of the legal notice. No abutters present. The administrator presents the need for the after the fact approval of a patio and the proposal to install a retaining wall and regrade the yard. Driveway repair is also proposed. Mr. Lynch asks if the regraded area will be lawn after. Mr. Zawadzki confirms. Mr. Lynch states the wall should be on one side or other of the wall but not in the retaining wall. Mr. McDonough asks where the fence will go. Mr. Manzi states this will need a condition concerning the fence and the fence must be drawn on the record plan. A motion to issue negative determination #3 & #6 with conditions for erosion controls, pre and post construction inspections and installation of wetland markers is made by Mr. Lynch, seconded by Mr. McDonough. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Signatures and Submittal Requirements Copy of Town Check Photos prepared by Sylvia Zawadzki dated June 23, 2015 Notification to Abutters Form Certified Abutters List dated May 28, 2015 Plan to Accompany a Request for Determination of Applicability prepared by Williams & Sparages dated June 25, 2015 21 Jetwood Street (Reis) The applicant Paulo Reis of 21 Jetwood Street is present. Mr. Napoli recuses himself. The Conservation Commission waives reading of the legal notice. No abutters present. The Administrator presents the proposal to install an above- from the wetland. She reviewed the delineation in the field. The Commission asks that the pool be staked in the field for the Conservation Department to review at the preconstruction. A motion to issue a negative determination #5 & #6 with conditions requiring that the pool be staked in the field and a pre and post construction inspection is made by Mr. Lynch, seconded by McDonough. Vote 3-0-1 (Mr. Napoli abstained) Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Copy of Town Check Signatures and Submittal Requirements Notification to Abutters Form Certified Abutters List dated June 29, 2015 USGS Map dated June 26, 2015 NHESP Map dated June 26, 2015 North Andover MIMAP Aerial Map dated June 26, 2015 Notice of Intent (NOI) 242-1651, Olde Salem Village Condos (Key-Lime, Inc.) (Hayes Engineering, Inc.) (cont. from 6/24/15) Administrator states the applicant requests a continuance to the July 22, 2015 meeting. A motion to grant the request for a continuance to the July 22, 2015 meeting is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Document: E/Mail prepared by Hayes Engineering, Inc. requesting a continuance to the July 22, 2015 meeting dated July 8, 2015 242-1654, 110 Farnum Street (Burns) (Merrimack Engineering Services, Inc.) The applicants John and Eileen Burns are present. The Conservation Commission waives reading of the legal notice. No abutters present. The Administrator reviews the proposal to replace a failed septic system replacement with a new system. Wetlands were discovered after the system was designed. The delineation has -Disturb Zone. A waiver has been requested. Mr. Lynch asks if the house can be replumbed to have the piping come out the front? Mr. Burns states the basement is finished. Mr. Napoli asks about piping around the other side of the house since it will be disturbed for construction access? Mr. Burns states there is a change in grade and it would need to go under the driveway. The commission agrees there is no feasible alternative for the piping. A motion to issue the waiver request as presented is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. A motion to close and issue a decision within 21 days is made by Mr. Manzi, seconded by Mr. Lynch. Vote unanimous. Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent General Information Waiver Request Signatures and Submittal Requirements Applicant Information NOI Wetland Fee Transmittal Form Notification to Abutters Form Certified Abutters List dated June 26, 2015 NHESP Map dated June 26, 2015 USGS Map dated June 26, 2015 Locus Map dated June 1, 2015 Upgrade Plan of Subsurface Sewage Disposal System prepared by Merrimack Engineering Services, Inc. dated June 1, 2015 242-1653, Boxford Street (Water Line) (Messina Development Company, Inc.) (Christiansen & Sergi, Inc.) (cont. from 6/24/15) The applicant Robert Messina of Messina Development Company, Inc. and Philip Christiansen of Christiansen & Sergi, Inc. are present. The Administrator states the commission is still waiting for the NHESP letter. The commission agrees they can close and draft the conditions and not issue until the letter arrives. A motion to issue close and issue a decision within 21 days was made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Documents: Waterline Extension for Wellington Woods Plan prepared by Christiansen & Sergi, Inc. dated June 9, 2015, revised June 16, 2015, revised June 17, 2015 Letter prepared by Division of Fisheries & Wildlife dated July 9, 2015 242-1634, 50 Royal Crest Drive (Pond redesign) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 6/24/15) 242-1635, 50 Royal Crest Drive (off Site Inlet) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 6/24/15) The administrator states these items were on the agenda in error. Both have already been continued to the 7/22/15 meeting. General Business: 8:15PM 242-1111, PCOC Request, 210 Chickering Road (Unit 108A) (Tomlinson & Hatch, LLC) The Administrator reviews the request for a PCOC on a unit at Kittredge Crossing. Two other PCOCs have been granted. The entire complex was very close to a COC several years ago. The commission discusses the prior COC request for Kittredge Crossing. A motion to issue the PCOC for 210 Chickering Road (Unit 108A) only is made by Mr. Lynch, seconded by Mr. McDonough. Vote unanimous. Documents: Letter prepared by Tomlinson & Hatch, LLC Attorneys at LawdatedJune 26, 2015 WPA Form 8A-Request for Partial Certificate of Compliance 242-1544, Request Partial Bond Release, 26 Main Street (Jeffco, Inc.) Administrator states that due to the lack of quorum on this issue it will need to be continued to the next meeting. A motion to grant the request for a continuance to July 22, 2015 meeting is made by Mr. McDonough, seconded by Mr. Lynch. Vote 3-0-1 (Mr. Manzi abstained) 242-273, PCOC Request, 40 North Cross Road (Lot 3) (OToole) The applicant Edward OToole is present. The Administrator states that Lot 3 is non-jurisdictional lot and there are no violations on the property. A motion to issue the PCOC for 40 North Cross Road (Lot 3) only is made by Mr. Lynch, seconded by Mr. Manzi. Vote unanimous. Documents: WPA Form 8A-Request for Partial Certificate of Compliance Subdivision Plan of Land prepared by Merrimack Engineering Services, Inc. dated November of 1984, revised June of 1985 242-257, PCOC Request, 44 Laconia Circle (Lot1A) (Copani, Tarlow & Cranney Attorneys at Law) (cont. from 6/24/15) Anthony A. Copani of Copani, Tarlow & Cranney is present. The Administrator presents the as-built discrepancy of a driveway turnaround partially in the -Disturb Zone. The Commission discusses the time period in which the driveway turnaround was built. Commission concludes turnaround was built prior to the bylaw and subzone setbacks. A motion to issue a PCOC to 44 Laconia Circle (Lot 1A) only is made by Mr. Lynch, seconded by Mr. Manzi. Vote unanimous. Documents: Letter prepared by Copani, Tarlow & Cranney Attorneys at Law dated December 8, 2014 WPA Form 8A-Request for Partial Certificate of Compliance 242-333, PCOC Request, 44 Laconia Circle (Lot 1A) (Copani, Tarlow & Cranney Attorneys at Law) (cont. 6/10/15) See above. A motion to issue the PCOC for 44 Laconia Circle (Lot 1A) only is made by Mr. Lynch, seconded by Mr. Manzi. Vote unanimous. Documents: Letter prepared by Copani, Tarlow & Cranney Attorneys at Law dated December 8, 2014 WPA Form 8A-Request for Partial Certificate of Compliance Election of Officers A motion to nominate Louis A. Napoli as Chairman, North Andover Conservation Commission is made by Mr. Manzi, seconded by Mr. Lynch. Vote unanimous. Bylaw Regulations Revisions (cont. from 6/24/15) Administrator states no time to work with Eggleston Environmental on this yet. A motion to grant the request for a continuance to July 22, 2015 meeting is made by Mr. Lynch, seconded by Mr. Manzi. Vote unanimous. Enforcement Order Update 105 Massachusetts Avenue (F. P. Reilly & Sons) (cont. from 6/24/15) Administrator states a site visit has been set up for Thursday with the chairman. 80 Saile Way (Russell) Administrator states she spoke with DEP and they would like the commission to reissue the Enforcement Order and extend the deadline one more time. A motion to ratify the new Enforcement Order with extension to comply with restoration planting plan is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. Decisions 242-1652, 242 Dale Street Administrator reviews the drafted Order of Conditions. The Commission accepts the Order of Conditions as drafted. A motion to accept the Order of Conditions as drafted is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. 242-1653, Boxford Street Administrator reviews the drafted Order of Conditions. The Commission accepts the Order of Conditions as amended. A motion to accept the Order of Conditions as amended is made by Mr. Lynch, seconded by Mr. Manzi. Vote unanimous. 242-1654, 110 Farnum Street Administrator reviews the drafted Order of Conditions. The Commission accepts the Order of Conditions as drafted. A motion to accept the Order of Conditions as drafted is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. A motion to adjourn the meeting at: 8:45 PM is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous.