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HomeMy WebLinkAbout2019-01-23 Conservation Commission Minutes 1 North Andover Conservation Commission Meeting Minutes January 23, 2019 Members Present: Louis A Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Jr., Joseph W. Lynch, Deborah A. Feltovic, Douglas W. Saal and Sean F. McDonough Members Absent: John T. Mabon Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:00 Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of January 9, 2019 as reviewed and amended is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Presentation of Turtle Crossing Signs by 3rd Grade Sargent School Brownie Troop  The Administrator reviews history of previously purchased turtle signs that were stolen.  The 3rd Grade Sargent School Brownie Troop #62817 presents the turtle signs to the Commission.  Mr. Napoli states this time the signs will be chained up to prevent them from being stolen.  Mr. Lynch explains the importance of the Blanding's Turtle to Troop #62817.  The Administrator states the signs will be placed once the turtles wake up in the spring. A photo will be posted on social media for the public. Small Project NACC #227, 350 Forest Street (Logan)  The Administrator states at the prior meeting the Commission requested a revised plan. The homeowners took measurements that were superimposed by the Administrator on the plan. The measurements place the end of the wall just outside the No-Build Zone. The ZBA Plans for the shed were pulled and showed approval for the shed 13’ from the property line.  The Homeowners are present for questions.  The Administrator states the site will be revisited in the spring to address the brush dumping from the EO. The wetland markers required from a prior OOC are in place, bringing the property into compliance.  A motion to accept this as a Small Project H is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0 Unanimous.  A motion to retroactively approve the small project permit as completed is made by Mrs. Feltovic and seconded by Mr. Lynch.  Vote 5-0 Unanimous. Documents  Small Project Application and Supporting Documents, dated December 26, 2018  Updated Small Project Plans, dated January 22, 2019 Abbreviated Notice of Resource Area Delineation 242-xxxx, ANRAD Request, 326 Campbell Road (Welch) (Carolina Properties, LLC)  Mr. McDonough enters the Meeting Room.  The Administrator states there was a prior filing for an NOI on the property. A positive OOC was issued but never acted upon. After speaking with the delineators there were issues with heavy vegetated cover when it 2 was delineated before. The winter conditions allowed more access to the site and the delineation has changed slightly. A revised plan and description letter is presented to the Commission.  Dennis Griecci, Andover Consultants, Inc. presents on behalf of the applicant. The property was originally delineated by Norse Environmental in August 2018. The property was walked on Friday, January 18, 2019 and some of the flags were adjusted. The old flags were kept on the plan to see where the changes have been made or where the flags were eliminated. The Wetlands Summary Report was prepared by Norse Environmental and gives a description of the wetlands. There is a National Heritage Map potential Vernal Pool in the rear of the lot. The potential Vernal Pool will be verified in the event that a NOI or future filing is done. Natural Heritage has mapped the property as Priority Habitat. This will be handled at the time a NOI or future filing is done. They are requesting the BVW be confirmed.  Mr. Napoli questions how many structures are on the property. Given that the property is 5 acres he questions if they might try and place a second home on the property.  The Administrator states to place multiple structures on the lot the entire property would have to be delineated. Only the front side of the wetland has been delineated.  Mr. Griecci states there is a dilapidated house and shed on the property. He has not considered subdividing the property but feels that it would be unlikely given the extent of the wetland/pond.  Mr. Lynch states the property is being established as a single lot. If the project is approved it is important the Commission is clear on what is being approved. He questions if the plan in the packet is the revised line.  The Administrator states a DEP # has not been assigned and that she has no problem with the BVW boundary. She has not been able to compare the old plan to the revised plan.  The Administrator states the entire property could be delineated later. She questions if the Buffer Zone or Pond were superimposed on the plan.  Mr. Griecci states the pond is shown dashed on property line, this is the pond on the adjacent property. The 100-Foot Buffer Zone was shown from the pond.  The Administrator states there is a pond on the adjacent property and questions if they want to delineate it.  Mr. Griecci states it is unclear, the GIS shows the pond close to the property. There is an abutter that has some issues with the project. They are doing their best to stay away from their property.  The Administrator states at some point in the future confirming the line may be required.  A motion to continue to February 13, 2019 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous Documents  ANRAD Application and Supporting Documents, dated January 8, 2019  Wetland Summary Report, dated January 22, 2019 prepared by Norse Environmental, Inc.  Existing Conditions Plan, dated January 23, 2019 prepared by Andover Consultants Inc. 242-1741, ANRAD Request, 0 Turnpike Street (Map 9, Parcel 20) (Bay Development, LLC)  The applicant requested a continuance via email.  A motion to continue to February 13, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 6-0 Unanimous. Documents  Email from ghochmuth@wsengineers.com requesting a continuance until 2/13/2019 Notice of Intent 242-xxxx, 430 Osgood Street (Town of North Andover)  An administrative continuance was requested due to the lack of DEP #  A motion to continue to February 13, 2019 is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 6-0 Unanimous. 242-1745, 350 Winthrop Street (RDM, Inc.)  The applicant requested a continuance via email.  A motion to continue until February 13, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi. 3  Vote 6-0 Unanimous. Documents  Email from PEllison@theengineeringcorp.com requesting a continuance until 2/13/2019 242-1746, 495 Main Street (Town of North Andover)  The applicant requested a continuance via email.  A motion to continue until February 13, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 6-0 Unanimous. Documents  Email from jmurray@wdgrp.com requesting a continuance until 2/13/2019 242-1747, 42 Vest Way (Wieners)  The Administrator states the house exists within the No-Build Zone and No-Disturb Zone. There was a discussion about mitigation at the last meeting to provide better protection to the Resource Area. This would include removing some of the driveway pavement and providing a Vegetated Buffer Zone to the Wetland. The slope on the property will be vegetated with native plants, Red Twig Dogwood and Sweet Pepper Bush. The plan shows two wetland markers proposed, normally they are placed every 30-feet. The Administrator has requested the consultant make this change on the plan. She has requested the plantings be placed 8-feet on center vs. the 10-feet shown on the plan.  Fred Hancox, Hancox Kitchens & Construction presents on behalf of applicant. He states they have removed some of the asphalt adjacent to the addition. The portion of asphalt that runs behind the house will be removed. A new pervious walkway from the driveway to the addition has been added to the plan. The pavement on the side of the house will be removed, a planter will be put in its place.  Mr. Napoli states his concern with the condition of the rhododendrons. He believes behind the rhododendron should be designated Conservation Land or Wetlands. He state that along the driveway is Wetlands and suggests wetland markers be placed along the driveway and in the back.  The Administrator states the plan will be updated to include the wetland markers every 30-feet.  Mr. McDonough abstains from Voting.  A motion is made to issue a waiver for work in the No-Build and No-Disturbance Zone by Mr. Lynch, seconded by Mr. Manzi.  Vote 5-0 Unanimous, Abstained; Mr. McDonough.  A motion to continue until February 13, 2019 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous, Abstained; Mr. McDonough. Documents  Final CC Plan, dated January 14, 2019 prepared by Vineyard Engineering & Environmental Services Inc.  Letter, dated January 16, 2019 prepared by Wetlands & Land Management, Inc.  Driveway Picture, 42 Vest Way General Business 242-1655, COC Request, Wellington Way (Messina Development)  The applicant requested a continuance via email.  A motion to continue until February 13, 2019 is made by Mrs. Feltovic, seconded by Mr. McDonough  Vote 6-0 Unanimous. Documents  Email from ghochmuth@wsengineers.com requesting a continuance until 2/13/2019 242-1632, COC Request, Interstate 495 (MassDOT)  The applicant requested a continuance via email.  A motion to continue until February 13, 2019 is made by Mrs. Feltovic, seconded by Mr. McDonough. 4  Vote 6-0 Unanimous. Documents  Email from amy.lynch2@state.ma.us requesting a continuance until 2/13/2019 242-0639, COC Request, Osgood Street at Holt Road (MassDOT)  The applicant requested a continuance via email.  A motion to continue until February 13, 2019 is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 6-0 Unanimous. Documents  Email from amy.lynch2@state.ma.us requesting a continuance until 2/13/2019 Community Preservation Act Discussion - Co-applicants with Essex County Greenbelt for Property Acquisition  This discussion is tabled to the end of the meeting.  The Administrator states the town was approached by the owners looking to preserve this parcel which was a former woodlot of the Glennie Family. The family was referred to speak with ECGA to explore the options for protecting the parcel since there are several family members involved. The parcel is in Watershed and abuts town owned land and Town Farm.  Mr. McDonough questions the exact location of the parcel.  The Administrator states the parcel is 0 Dale Street. The parcel has no structure and is predominantly upland. The parcel is after Gallagher Field as you head out of town. At one point you could walk behind the field to the golf course on town owned land. The access has been cut off due to beaver activity. The parcel will require a boardwalk but will provide new upland access.  The Administrator states if approved by CPC and town meeting the town would own the parcel outright with care, custody and control going to the Commission. ECGA would hold the CR and would develop the parking, signage and the trails in conjunction with FONAT. ECGA would also assist with applying for a LAND grant with the state to reimburse the town for up to half of the purchase price.  Mrs. Feltovic confirms a parking lot on this piece of land would be built.  The Administrator states it would but is subject to approval in town meeting.  Mr. McDonough questions if the parcel is developable.  The Administrator is unsure if the parcel is buildable or potentially buildable. The assessed value is higher than the purchase price.  A motion to support the project and authorize the Chairman to sign the CPA Application as co-applicants with ECGA is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous. Documents  CPA Application Form - Glennie Woodlot, dated January 18, 2019 Enforcement Order/Violation 43 Scott Circle  The applicant requested a continuance via email.  A motion to continue until February 13, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 6-0 Unanimous. Documents  Email from jacksull53@comcast.net requesting a continuance until 2/13/2019 422 Waverly Road (Jensen) (Logue)  The applicant requested a continuance via email.  A motion to continue until February 13, 2019 is made by Mr. Feltovic, seconded by Mr. McDonough.  Vote 6-0 Unanimous. Documents 5  Email from bjensen17@comcast.net requesting a continuance until 2/13/2019 Adjournment  A motion to adjourn at 7:40pm is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous.