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HomeMy WebLinkAbout2008-10-22 Conservation Commission Minutes Conservation Commission Meeting Minutes October 22, 2008 Members Present: John J. Mabon, Chairman, Sean F. McDonough, Vice Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic, Albert P. Manzi, Jr., Scott L. Masse, Louis A. Napoli. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge, Conservation Secretary. Meeting came to Order at: 7:10 P. M. Quorum Present. Pledge of Allegiance General Business A motion to accept the minutes of the August 27, 2008 meeting as revised was motioned by Ms. Feltovic, seconded by Mr. Manzi. Unanimous. 242-784, PCOC Request, Roadways at Abbott Village Estates (North Andover Land Corp.)(Hayes Engineering, Inc.) No one was present for the applicant. The applicant requested a continuance to complete as-built stormwater analysis. A motion to continue to November 5, 2008 meeting was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 242-1345, Modification & COC Request 1915 Great Pond Road (Pelich)(New England Engineering Services, Inc.) No one was present for the applicant. The applicant requested a continuance to comply with NACC request to install grass within an existing swale. A motion to continue to November 5, 2008 meeting was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 242-834, COC Request, 315 Turnpike Street (Merrimack College)(Kaminski & Associates, Inc.) Richard F. Kaminski of Kaminski Associates, Inc. was present. Ms. Hughes states the Order of Conditions for this project was issued in January of 1997. NACC asks why OOC not requested in a timely manner. Mr. Kaminski states this filing was forgotten by the applicant for some reason but did know exactly why it was not closed out. Mr. Kaminski confirms the Town of North Andover is holding a bond in the amount of $16, 000 dollars for the project and that after 11 years there is accrued interest. Mr. Kaminski states there are deviations in the size of the detention pond (it is smaller than proposed) and there are other deviations including the bottom elevation, the outlet control structure and invert elevations. Mr. Lynch comments on the drainage concerns and recalls that the Andover Conservation Commission was involved due to concern about downstream impacts. Mr. Lynch states the neeed for review of the drainage. Ms. Hughes notes that there are unpermitted accessory structures on the pavement near the detention basin that block the sheet flow of stormwater across the parking lot. Mr. Kaminski states a trash rack will be added to the drainage structure and debris and accessory structures moved. Ms. Hughes states that 1/3 of the planted shrub swamp has not vegetated with the planted species and 1 there is purple loosestrife. Mr. Kaminski states the replication area was monitored for two years as required per the Order of Conditions. Mr. Kaminski provides some history of the site. Mr. Lynch restates the need to have the drainage reviewed as there were many abutters at the original hearings with concerns of flooding, especially at Alcott Village. There is discussion about the need for replanting in the replication area. Mr. Kaminski stated there is a missing manhole within the lawn area we used metal detector and could not find the manhole. Applicant would need to dig up lawn area to find the missing manhole. Mr. McDonough questioned if the deterioration of the cape code berm would cause problems with drainage on site. Mr. Kaminski states it will not affect drainage. Plowing causes damage to the cape code berms. The NACC discusses discusses the process to have modifications completed. An Enforcement Order and a new Notice of Intent are discussed. Mr. Masse states the Enforcement Order give the NACC more control over the site. It is noted that a new Notice of Intent could be appealed by an abutter. A motion to deny the COC was made by Mr. Manzi, seconded by Mr. Lynch. Unanimous. A motion was made to issue an Enforcement Order requiring third party review (by Lisa Eggleston) of the as-built drainage and to set up an escrow account in the amount of $1,000 for the review. The EO will also require the installation of a trash rack, removal of the trailer and shed with possible relocation on site, cleanup of the site and possible replanting of failed plantings was made by Mr. Manzi, seconded by Mr. Lynch. Unanimous. 242-1376, Discussion, 1275 Turnpike Street (Boston Hill. LLC c/o Mesiti Development Corp.)(Marchionda Associates, L. P.) Paul Marchionda of Marchionda Associates, L. P., Cindy Redin of Grailia Group, Jim Buchannan of Mesiti Development Corp. were present for the applicant. Adam Rollfs, Property Manager of Ward Reservation, and Abutter Mr. Henry Fink of 1250 Turnpike Street were also present. Mr. Marchionda discusses the history of the project, including that the project was exempt from the Riverfront Regulations. Mr. Lynch mentions that MEPA change process could alter Riverfront Status. Mr. Marchionda presents the proposed changes to the project. Ms. Redin explains that portions of the Conservation Restriction could be built on as a result of the proposed project change. As a result, the CR will need to be amended or a new restriction put in place. The town would receive more open space as a result. Mr. Mabon states he is in favor of adding more open space and supports the concept. Mr. Marchionda states the Conservation Commission would be gaining 28.25 acres of Open Space. Mr. Manzi states this needs to be approved by the State of Massachusetts thru chapter 97. The NACC agrees the applicant needs to confer with counsel regarding the conservation restriction. 242-1285, COC Request, 125 Campion Road (Stoddard)(Kaminski) No one was present for the applicant. The applicant requests a continuance to the November 19, 2008 meeting. A motion to continue to November 19, 2008 meeting was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 242-1355, COC Request, 1503 Osgood Street (1503 Osgood Street)(MHF Design Consultants, Inc.) The applicant David Murray of 1503 Osgood Street and Christopher Tymula of MHF Design Consultants, Inc. were present. Ms. Hughes states there were minor deviations include fewer landscape plantings and the relocation of a transformer pad farther from the wetland resource area. Ms. Hughes asked that trash be removed from the wetland resource area. All the items in 2 the OOC have been addressed on the site. A motion to issue the COC and release the bond was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. Enforcement Order Ratification 242-1169, 2357 Turnpike Street (Valley Realty Development)(Merrimack Engineering Services, Inc.) Jim Buchannan of Mesiti Development Corporation was present. Ms. Hughes states she is unsure what plan to reference in the Enforcement Order as the plans used for construction (done by Merrimack Engineerg) and dated 2005 are not the record plans referenced in the Order of Conditions (prepared by GZA) and dated 2002. Ms. Hughes states the other departments in the Community Development office have the GZA plan on file. Mr. Manzi expresses his concern about the plan discrepancy and would like the Administrator determine why the plan change was made. Mr. Mabon reviewed the actions of the NACC at the 10/08/08 meeting. Mr. Lynch requested the Administrator determine who signed off for Conservation on the building permits and what plan the Building Inspector has on file. A motion to rescind on the Enforcement Order from the meeting on October 8, 2008 meeting was made by Mr. Manzi, seconded by Ms. Feltovic. 6-0-1 vote. Mr. Masse recused from voting due to a conflict of interest. A motion to continue to November 5, 2008 meeting was made by Mr. Manzi, seconded by Ms. Feltovic. 6-0- 1 vote. Small Project NACC# 46, 51 Nutmeg Lane (lot 16) (Garvin) The applicant Lisa Garvin were present. Ms. Hughes states the applicant proposes tree removal as shown on attached photos and plan. The trees area healthy, but several do lean toward the house and yard. Ms. Hughes delineated the small Isolated Vegetated Wetland area and verified that all trees removal and landscaping is outside the 25-foot No-Disturbance zone. The applicant presents the proposal which decreases the amount of lawn area on the lot and adds plantings. Ms. Garvin presents that the closest tree is 35-feet to the wetland line. Mr. McDonough states this would be small project G for pruning and gardening and J for tree cutting outside the 25-foot No Disturbance zone. A motion to accept this as small project G & J was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. No Recess Public Hearings: 9:00 P. M. 242-1441, 154 Main Street (Bank of America)(Cavanaro Consulting, Inc.)(cont. from 10/8/08) Mr. Michael Joyce of Cavanaro Consulting, Inc. was present on behalf of the applicant. Mr. Joyce presents changes to the plan since the last meeting. These include a change in retaining wall material, increased separation between the infiltration field and the wall, height increase to the wall, and snow removal plan requiring snow to be removed off-site. Ms. Hughes states the proposed planting plan is adequate. Mr. Lynch recommends requirement to protect new plantings from deer browse. Mr. Napoli states the wall tie-in should be done by a structural engineer. The NACC will require submission of structural drawings for retaining wall. Mr. Joyce states the 3 plan calls for a fence if the neighbors request one. A motion to close and issue a decision within 21 days was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 242-1443, Berry Street (Lot 5)(Brooks)(Merrimack Engineering Services, Inc.)(Request to cont. to 11/5/08) No one was present for the applicant. The applicant requests a continuance to make plan revisions. A motion to continue to November 5, 2008 meeting was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. 242-1439, 60 Willow Street (Rohm & Haas Electrical Materials)(BSC Group, Inc.)(Withdrawn) No one was present for the applicant. Ms. Hughes states the applicant wishes to withdraw this Notice of Intent. A motion to accept the withdrawn was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. Ms. Hughes recommends the NACC issue an enforcement letter requiring Rohm & Haas to maintain the stormwater system as it is not functioning. A motion to issue an Enforcement Order to provide a plan to maintain the stormwater management system was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. A motion to adjourned the meeting at: 9:15 P. M. was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 4