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HomeMy WebLinkAboutCCMeetingMinutes_09.09.15 North Andover Conservation Commission Meeting Minutes September 9, 2015 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Douglas W. Saal, Sean F. McDonough. Members Absent: Joseph W. Lynch, Jr., 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: 7:30 PM Quorum Present. Approval of Minutes 7/22/15 & 8/12/15 A motion to accept the meeting minutes of 7/22/15 & 8/12/15 as drafted and reviewed is made by Mr. Manzi, seconded by Mr. Saal. Vote unanimous. Public Meeting: 7:35PM Small Project NACC#157, Harkaway Road (Comcast) Administrator states this filing should not have been added to the agenda as materials were not submitted in time. A motion to grant the requests for a continuance to the September 23, 2015 meeting is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. Document: E/Mail prepared by Edward Thomson requests a continuance to the September 23, 2015 meeting NACC#155, 66 Equestrian Drive (Marcinelli) Administrator states the applicant is proposing to construct a deck which will be A motion to accept this as small project 4.4.2A is made by Mr. McDonough, seconded by Mr. Saal. Vote unanimous. A motion to accept this as a small project with conditions post inspection and wetland markers is made by Mr. McDonough, seconded by Mr. Saal. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Copy of Town Check Letter prepared by Michael Marcinelli scope of work for replacement of deck dated September 1, 2015 As-Built Plan prepared by Derosa Environmental Consulting, Inc. dated August 26, 2015 NACC#156, 164 Old Farm Road (Calvo) The applicant Paul Calvo of 164 Old Farm Road is present. Administrator states the applicant would like to grade his yard to install a swing set. The Mr. Calvo states he will have the contractor cut and grade a higher portion of the yard and bring in about 22 yards of loam to grad the rest. Mr. Napoli asks if this is mostly a fill project. Mr. McDonough asks about the size of the project and where it fits into the small project list. Mr. Manzi states there will be no impervious area. Mr. Napoli states construction access should be over side yard away from wetland. A motion to accept the filing as small project 4.4.2L is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. A motion to approve the small project as proposed with conditions for erosion control and pre & post construction inspections is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. Documents: Application Checklist-Small Project Small Project procedure Copy of Town Check Written scope of the work prepared by Paul Calvo of 164 Old Farm Road dated September 7, 2015 North Andover MIMAP prepared by Conservation Department dated April 8, 2015 North Andover MIMAP prepared by Conservation Department dated September 4, 2015 Site Plan prepared by Christiansen & Sergi, Inc. dated November 24, 1987 Request for Determination of Applicability NACC#156, 64 North Cross Road (Alexander) (cont. from 8/26/15) The applicant Kristine M. Alexander is present. Administrator states a site visit was conducted on September 1, 2015. The general consensus of the commission was that the trees were very close to the house although generally all in good health. The Conservation Commission discusses the narrative, the safety of the house and the site conditions witnessed at the site visit. Mr. Manzi states due to the proximity of the trees to the house there is no alternative but removal. Mr. Manzi states the trees need to be taken in sections to protect other trees in the wetland. Mr. Napoli states he was not in favor of removing trees #3 & #7. Mr. Manzi states the rest of the canopy must be preserved. Stumps must be left. A motion to accept the waiver request is made by Mr. Manzi, seconded by Mr. Saal. Vote unanimous. A motion to issue a negative determination #2 & #5 with conditions pre & post inspections is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Documents: Photos prepared by the Conservation Department dated July 23, 2015 Photos prepared by the Conservation Department dated August 19, 2015 Photos prepared by the Conservation Department dated August 24, 2015 Photos prepared by the Conservation Department dated August 26, 2015 602 Boxford Street (Lot 1) (S & L Homes, LLC) (Christiansen & Sergi, Inc.) (Request to cont. to 9/23/15) The Conservation Commission waives the reading of the legal notice. No Abutters present. The administrator states the applicant requests a continuance to the September 23, 2015 meeting. A motion to grant the requests a continuance to the September 23, 2015 meeting is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Document: E/Mail prepared by Christiansen & Sergi, Inc. requests a continuance to the September 23, 2015 meeting dated September 9, 2015 Notice of Intents (NOI) 242-1659, 415 Winter Street (Grimaldi) (Benjamin Osgood, Jr., P. E.) (cont. from 8/26/15) The administrator states the applicant requests a continuance to the September 23, 2015 meeting. A motion to grant the requests a continuance to the September 23, 2015 meeting is made by Mr. Manzi, seconded by Mr. Saal. Vote unanimous. Document: E/Mail prepared by TTI Environmental requests a continuance to the September 23, 2015 meeting dated September 3, 2015 242-1657, 777 Great Pond Road (Ibbitson) (Williams & Sparages) (cont. from 8/26/15) Gregory Hochmuth of Williams & Sparages is present. Mr. Hochmuth states about 600 yards of material is to be removed. He states the Planning Board wants to have the applicant attend their next meeting. A motion to grant the requests a continuance to the September 23, 2015 meeting is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Document: The verbal requests at the meeting from Gregory Hochmuth of Williams & Sparages requests a continuance to the September 23, 2015 meeting dated September 9, 2015 242-1656, 95 Old Cart Way (Murtha, III) (Markey Land Development Consulting) (cont. from 8/26/15) The applicant Thomas Murtha of 95 Old Cart Way is present. . Mr. Napoli states an alternatives analysis has still not been provided. Mr. Murtha makes a comparison to the sports court project at 77 Bear Hill Road. The commission states the 77 Bear Hill Project did not require a waiver because it was reconstruction of lawfully approved structures. Mr. Murtha states he can cantilever the landing so it is not in the No-Build Zone. Mr. Manzi states the applicant should post escrow of $500.00 for third party review to resolve the question of distance to the wetland. The commission discusses the location of the landing and stairs and states that a full alternatives analysis is still needed. Mr. Murtha discusses the current stairs and the mold and water condition that exists there. Mr. Napoli states this area is still proposed to be deck. The commission states measurements on the plan have been done in an unconventional way and must be reviewed. Mr. Saal states review of survey plan should be approximately $500.00. Commission suggests escrow account of this amount. Mr. Saal reviews several other alternatives that have not been explored. Mr. Manzi states an alternatives analysis is still needed and the measurement needs to be . confirmed.He asks Mr. Murtha if two weeks will be enough to get this done Mr. Murtha states it is. A motion to grant the requests a continuance to the September 23, 2015 meeting is made by Mr. Saal, seconded by Mr. McDonough. Vote unanimous. Documents: Letter prepared by Francis A. Di Luna of Murtha Cullina Law Offices dated August 25, 2015 Letter prepared by Markey Land Development Consulting dated August 25, 2015 Notice of Intent Site Plan prepared by Markey Land Development Consulting dated September 1, 2015 Photos prepared by the North Andover Conservation Department dated June 30, 2015 Photos prepared by the North Andover Conservation Department dated July 17, 2015 General Business: 8:00PM NACC#126, COC Request, 107 Campion (Saragas) (Andover Consultants, Inc.)(cont. from 8/26/15) (Request to cont. to 9/23/15) Administrator states the applicant requests a continuance to the September 23, 2015 meeting to stabilize the area outside the rain garden. A motion to grant the requests for a continuance to the September 23, 2015 meeting is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Documents: Phone call from the applicant James Saragas requests a continuance to the September 23, 2015 meeting dated September 9, 2015 Photos prepared by the North Andover Conservation Department dated September 8, 2015 242-57, PCOC Request, 71 Bonny Lane (Lot 15) (Gwendolyn) (Hinckley, Allen & Snyder LLP) John L. Amold of Hinckley, Allen & Snyder LLP is present. 1981. Field Inspector visited site and no violations. A motion to issue the PCOC for 71 Bonny Lane (Lot 15) only is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Documents: Letter prepared by Hinckley, Allen & Snyder LLP dated August 27, 2015 WPA Form 8A-Request for Partial Certificate of Compliance 242-1566, COC Request, 95 Olympic Lane (Verminski) (Goddard Consulting, LLC) Administrator states the OOC contained language that an as- has created confusion for the applicant. The Conservation Commission discusses the language but states that compliance cannot be confirmed without an as-built. A motion to grant the request for a continuance to the September 23, 2015 meeting is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Document: E/Mail prepared by Michelle Verminski requests a continuance to the September 23, 2015 meeting dated September 9, 2015 242-1601, PCOC Request, 19-21 Cotuit Street (Lot 2) (Seaport Homes, LLC) (TTI Environmental, Inc.) (cont. from 8/26/15) (Request to cont. to 9/23/15) Admis a continuance to the September 23, 2015 meeting. A motion to grant the request for a continuance to the September 23, 2015 meeting is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Document: E/Mail prepared by TTI Environmental, Inc. requests a continuance to the September 23, 2015 meeting dated September 9, 2015 242-1620, COC Request, 179 Osgood Street (North Andover Historical Society) (TTI Environmental, Inc.) (cont. from 8/26/15) Administrator states the applicant requests a continuance to the September 23, 2015 meeting. A motion to grant the request for a continuance to the September 23, 2015 meeting is made by Mr. Manzi, seconded by Mr. Saal. Vote unanimous. Document: E/Mail prepared by TTI Environmental, Inc. requests a continuance to September 23, 2015 meeting dated September 9, 2015 242-1538, COC Request, 622 Salem Street (Swimm) Administrator states the applicant was required to plant and monitor 6 blueberry shrubs following a violation. Work is complete. A motion to issue the COC is made by Mr. Manzi, seconded by Mr. McDonough. Vote unanimous. Documents: Letter prepared by Teresa Swimm dated August 20, 2015 WPA Form 8A-Request for Certificate of Compliance Photos prepared by the North Andover Conservation Department dated September 8, 2015 Half Mile Hill Mowing Plan (Sardella ) Steve Sardella of Crescent Farm Bradford, MA is present. Administrator states Mr. Sardella agreed to mow Half Mile Hill this season and completed work over the weekend. Mr. Sardella presents his long-term plan for improving hay crop on half mile hill. He states seeding is expensive and might like to till and revegetate. Mr. Manzi states this is difficult with the soils and slope at Half mile. Mr. Sardella states soils testing would be next. Mr. Manzi states a no-till conservation approach is best. Mr. Sardella states a plan could be submitted after soil testing. He asks about herbicides. The Administrator states herbicides are not permitted in the watershed. Mr. Sardella reviews the yield on the lease portion of Half Mile Hill. Is approximately 900 squares. Mr. Manzi states with the right plan he would be happy to have Crescent Farm up there. Enforcement Order 1635 Osgood Street (BEM Realty LLC/Mueskes) Brian Mueskes of 1635 Osgood Street is present. The Administrator reviews the violation and the plan. Mr. Mueskes discusses his plan to move the block walls out of the 50-foot No Build Zone. Mr. Napoli states . He also states the swale needs to be restored. A motion to ratify the Enforcement Order is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. A motion to issue a new Enforcement Order is made by Mr. McDonough, seconded Mr. Manzi. EO requires that a more specific plan of the work be submitted and approved by the Conservation Department and that the work be completed in 60 days. Vote unanimous. Documents: As-Built Site Plan prepared by Marchionda & Associates, L. P. dated September 9, 2015 Letter prepared by the North Andover Conservation Department dated September 2, 2015 WPA Form 9-Enforcment Order dated September 2, 2015 WPA From 9-Enforcment Order dated September 24, 2015 MA GIS Aerial- 2001 prepared by the North Andover Conservation Department dated September 2, 2015 MA GIS Aerial-2005 prepared by the North Andover Conservation Department dated September 2, 2015 MA GIS Aerial-2008-2009 prepared by the North Andover Conservation Department dated September 2, 2015 MA GIS Aerial-2011/2012 prepared by the North Andover Conservation Department dated September 2, 2015 MA GIS Aerial-2013/2014 prepared by the North Andover Conservation Department dated September 2, 2015 Photo prepared by the North Andover Conservation Department dated January 2012 Decision 242-1658, 77 Bear Hill Road The administrator reviews the drafted 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. McDonough, seconded by Mr. Manzi. Vote unanimous. A motion to adjourn the meeting at: 9:10PM is made by Mr. McDonough, seconded by Mr. Manzi, Vote unanimous.