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HomeMy WebLinkAboutCCMeetingMinutes_06.24.15 North Andover Conservation Commission Meeting Minutes June 24, 2015 Members Present: Louis A. Napoli, Chairman, Douglas W. Saal, Vice Chairman, Joseph W. Lynch, Jr., John T. Mabon. Members Absent: Deborah A. Feltovic, Sean F. McDonough, Albert P. Manzi, Jr. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Heidi M. Gaffney Conservation Field Inspector, Donna M. Wedge, Conservation Secretary. Pledge of Allegiance Meeting came to Order at: 7:03PM Quorum Present. Approval of Minutes of 4/22/15 A motion to accept the meeting minutes of 4/22/15 as drafted and reviewed is made by Mr. Mabon, seconded by Mr. Lynch. Vote unanimous. Small Project: 7:04PM NACC#147, 26 Main Street (Unit 7) (Galvin) (cont. from 6/10/15) The applicant Hannah K. Galvin of 26 Main Street Unit 7 is present. The Administrator explains the OOC for this project is still open but does not think it should prevent unit owner from getting small project. NACC discusses how to handle open order. Enforcement Order should be issued when OOC has expired. Ms. Galvin states that fence area is for her dog. Mr. Lynch asks if other approvals are needed such as fire department for getting around back of building. Permit should state only Conservation approval given. A motion to accept this filing as a small project 4.4.2H is made by Mr. Mabon, seconded by Mr. Lynch. Vote unanimous. A motion to approve the small project as presented for this unit only with no effect on the COC request is made by Mr. Mabon, seconded by Mr. Lynch. A condition for post construction is required. Vote unanimous. Documents: Application Checklist Small Project Small Project Procedures Copy of Town Check Description of the work proposed As-Built Plan Impervious Area on the Condominium Lot 7 dated January 2, 2014 NACC#93, 660 Great Pond Road (Renewal of Small Project at Farm at Rolling Ridge) (cont. from 6/10/15) The applicant Larry J. Peacock Executive Director of Rolling Ridge Retreat and Conference Center and Emily Stone (farmer) are present. Mr. Peacock presents the proposal to continue farming on the Rolling Ridge property. A farmer has been chosen (Ms. Stone) and a slightly smaller area will be farmed. A motion to approve the renewal of small project permit for a year 2015 season is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Letter from Rolling Ridge and Conference Center dated June 4, 2015 Soil Aerial Map dated April 2, 2012 6/5/2015 NACC#149, 7 Ingalls Street (Nexus II Carpentry) The applicant Mark Gotobed of Nexus II Carpentry and Construction Design, LLC is present. Field Inspector reviews the proposal to replace an existing 2-leve deck part of which suffered winter storm damage. The Deck is about 32 feet from the wetland resource area. She states there will be a slight decrease in square footage and the new posts will be slightly farther from the wetland area. A motion to accept the proposal as a small project 4.4.2B is made by Mr. Lynch, seconded by Mr. Mabon. A motion to approve the small project as proposed with conditions for erosion controls (silt sock) and pre & post construction inspections. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Copy of Town Check North Andover MIMAP Aerial dated June 15, 2015 MA GIS Aerials MA GIS Aerials dated 1978 North Andover MIMAP Aerial showing wetland line dated June 23, 2015 Photo prepared by the Conservation Department dated June 10, 2015 Request for Determination of Applicability 526 Winter Street (Schmidt) (Merrimack Engineering Services, Inc.)(cont. from 6/10/15) Mr. Mabon reads the legal notice. The applicants Douglas C. & Loraine M. Schmidt of 526 Winter Street are present The Administrator presents the proposal to install a new septic system to replace a failed one. Leach field is outside the 100-foot Buffer Zone. Delineation is confirmed. There is a large debris and brush dumping area at the rear of the property that should be removed. Mr. Lynch asks if any waivers are needed. Response is no. The Commission discusses the best way to remove the debris and where wetland markers should be placed. The Commission decides to level the leaf pile and allow it to revert back to a natural state. All woody debris and other materials should be removed off-site. A motion to issue a negative determination #3 & #6 with conditions for pre and post construction inspections, wetland markers between wetland flags #1-#7 and at brush dump area, and removal of non-organic and woody debris is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Copy of Town Check Notification to Abutters Form Certified Abutters List dated June 4, 2015 Project Description Signatures and Submittal Requirements Photo prepared by the Conservation Department dated May 26, 2015 625 Boxford Street (Barry) (cont. from 6/10/15) Mr. Mabon reads the legal notice. The applicant Jacquelyn Barry of 625 Boxford Street is present. submitted, and a waiver requested. A motion to grant the waiver request is made by Mr. Saal, seconded by Mr. Lynch. Vote unanimous. A motion to issue a negative determination #3 & #6 with a condition for wetland markers on the fence is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Copy of Town Check Notification to Abutters Form Certified Abutters List dated June 4, 2015 Project Description Signatures and Submittal Requirements Photo prepared by the Conservation Department dated June 9, 2015 John Sullivan of Sullivan Engineering Group, LLC is present. The Conservation Commission waives the reading of the legal notice. No abutters present. Administrator reviews the proposal is to install a new water line within the existing pavement of The project is an exempt minor activity under the WPA regulations. Mr. Napoli asks if there is a contingency for dewatering. Mr. Mabon asks if this is an in-kind Mr. Sullivan states that it is. A motion to issue a negative determination #6 with conditions for pre and post construction inspections and a requirement for a dewatering detail is made by Mr. Mabon, seconded by Mr. Lynch. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Signatures and Submittal Requirements Certified Abutters List dated June 4, 2015 Notification to Abutters Form USGS Map Letter prepared by Sullivan Engineering Group, LLC dated June 4, 2015 Water Main Replacement Plan prepared by Sullivan Engineering Group, LLC date June 11, 2015 479 Salem Street (Hassell) The Conservation Commission waives the reading of the legal notice. No abutters present. The applicant Shannon Hassell of 479 Salem Street is present. The Field Inspector presents the proposal expansion to the existing deck. The potential ephemeral pool (see note). The contractor and can set the footings outside of the 75-foot No Build Zone. A motion to issue a negative determination #3 & #6 with conditions to keep the footings out of the -Build Zone and for wetland markers at the tree line is made by Mr. Mabon, seconded by Mr. Lynch. Vote unanimous. Note:The Conservation Department later determined that the potential Ephemeral Pool may only be jurisdictional as an Isolated Vegetated Wetland. Further investigation is needed. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Copy of Town Check Project Description Certified Abutters List June 4, 2015 Notification to Abutters Form USGS Map dated June 24, 2015 NHESP Map dated June 24, 2015 Site Plan dated July 29, 2003 Photo prepared by the Conservation Department dated June 23, 2015 622 Salem Street (Chen) The Conservation Commission waives the reading of legal notice read. No abutters present. Field Inspector reviews the proposal to install a fence along the top of the existing block wall. Mr. Lynch states the fence should be anchored into the ground verses on top of the wall. He recommends it be installed either in front of or below the wall. Mr. Saal agrees stating that the wall is not supported and fence may torque the wall causing it to fall over. Mr. Lynch states he would like to see fence up-gradient of the block wall to help protect the wetland as the first wall was established to do. A motion to accept the waiver request as drafted is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. A motion to issue a negative determination #3 & #6 requiring the wall to be up-gradient of the block retaining wall with wetland markers on the fence is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Copy of Town Check Project Description Signatures and Submittal Requirements Notification to Abutters Form North Andover Conservation Commission Waiver Request form dated June 11, 2015 As-Built Site Plan dated September 1, 2006 with hand edits Harold Parker State Forest (Friends of North Andover Trails) The Conservation Commission waives the reading of legal notice read. No abutters present. Thomas Powers of Friends of North Andover Trails is present. Mr. Powers presents the proposal to reroute the Bay Circuit Trail after it crosses Route 114 and enters into Harold Parker State Forest. Currently a stone wall is used to cross the wetland in this area which is dangerous. The proposal includes a boardwalk to cross the wetland. The design includes pipes with auger tips to span the center of the wetland which has some flow. Mr. Lynch asks if volunteers will conduct the work. Mr. Powers states an Appalachian Mountain Club youth group will do the work. Materials will be brought to the edge of the road and will be carried in for assembly. There will be no cutting of materials on site. Mr. Mabon asks about the length of the boardwalk. A motion to approve the waiver request of the local filing fee is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. A motion to issues a negative determination #2 is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description dated June 4, 2015 Notification to Abutters Form Certified Abutters List dated June 4, 2015 Letter prepared by The Friends of North Andover Trials dated June 4, 2015 North Andover Conservation Commission waiver request form dated June 4, 2015 Exhibit C: Drawing of Boardwalk Exhibit B: Plan Submitted with Application Willow Street (Comcast) (LEC Environmental Consultants, Inc.) (cont. from 6/10/15) Dave Flewelling of Comcast and Claire Staines of LEC Environmental Consultants, Inc. are present. Field Inspector reviews the revised plans showing the depth of cover over the existing pipes and the added plan note requiring adequate separation. Mr. Lynch states there appears adequate cover to have the conduit go over the pipe. A motion to issue a positive determination #2 and negative determinations #3 & #6 with conditions for pre and post construction inspections is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability Letter prepared by LEC Environmental Consultants, Inc. dated May 15, 2015 WPA Form 1-Request for Determination of Applicability Project Description Signatures and Submittal Requirements dated May 14, 2015 Copy of Town Check Affidavit of Service dated May 15, 2015 Notification to Abutters Form Certified Abutters List dated May 6, 2015 USGS Topographic Map dated May 14, 2015 NHESP/Vernal Pool Map dated May 14, 2015 North Andover Wetlands Regulations Riverfront Map dated June 2, 2003 Plans prepared by UC Synergetic dated May 14, 2015, last revised May 27, 2015 65 Peachtree Lane (Twombly) (Hollywood Interiors) Mark Haroules of Hollywood Interiors is present. The Conservation Commission waives the reading of legal notice read. No abutters present. The Field Inspector reviews the proposal to expand the existing deck by 120 s.f. The resulting deck will be more than 300 s.f. She states wetland flags were reviewed and confirmed. The deck will be -Build Zone. Erosion control is not needed. Mr. Lynch cautions the contractor to avoid the roof infiltrators. Mr. Haroules states he will expose the infiltrators and pipes at the preconstruction. A motion to issue a negative determination #3 & #6 is made by Mr. Lynch, seconded by Mr. Saal. Verification of infiltrator location for pre-construction and post construction inspection required. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Signatures and Submittal Requirements Notification to Abutters Form Certified Abutters List dated June 2, 2015 As-Built Plan Lot 8 dated June 9, 2015 Notice of Intent (NOI) 242-1651, Olde Salem Village Condos (Key-Lime, Inc.) (Hayes Engineering, Inc.) (cont. from 6/10/15) (Request to cont. to 7/8/15) The Administrator states the applicant is requesting a continuance to the July 8, 2015 meeting. A motion to grant the request for a continuance to the July 8, 2015 meeting is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Documents: E/Mail prepared by Hayes Engineering, Inc. requesting a continuance to the July 8, 2015 meeting dated June 3, 2015 242-1653, Boxford Street (Water Line) (Messina Development Company, Inc.) (Christiansen & Sergi, Inc.) The Conservation Commission waives the reading of legal notice read. No abutters present. The applicant Robert Messina of Messina Development Company, Inc. and Philip Christiansen of Christiansen & Sergi, Inc. are present. Mr Christiansen reviews the proposal to install a new waterline from Brookview Street to a proposed coming in separately because DPW would like to move forward with paving the road. Erosion Buffer Zone. Mr. Lynch asks about crossing other utilities in the road. Mr. Christiansen states there are no crossings required. Mr. Napoli asks about tie-ins for other Boxford Street residents. Mr. Christiansen states he has one request for a tie-in and will provide a stub. He will check with DPW concerning their requirements. A motion to continue the hearing is made by Mr. Saal and seconded by Mr. Mabon. Vote unanimous. Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent General Information Signature and Submittal Requirements NOI Wetland Fee Transmittal Form Copy of State and Town Check Locus Map North Andover MIMAP dated June 10, 2015 FIRM Flood Insurance Rate Map dated July 3, 2012 NHESP MAP June of 2015 Notification to Abutters Form Certified Abutters dated June 9, 2015 Letter prepared by Division of Fisheries & Wildlife dated July 9, 2015 Proposed Waterline Plan Prepared by Christiansen & Sergi, Inc. dated June 9, 2015, last revised June 17,2015 242-1634, 50 Royal Crest Drive (Pond Redesign) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 6/10/15) Kenneth Lania of Cornerstone Land Consultants, Inc. is present to update the commission on the status of stormwater plans for Royal Crest. Mr. Lania states he is still analyzing flow data and may size down the two proposals before the board. He will need another 30 days to get his data together and bring it back before the commission. Mr. Lynch states this makes sense but because so much time has passed he would like Mr. Lania to re-notice the abutters. Mr. Lania agrees. A motion to grant the request for a continuance to the July 22, 2015 meeting with the requirement that abutters be re-notified is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. Document: Kenneth Lania of Cornerstone Land Consultants verbal request for a continuance to July 22, 2015 meeting dated June 24, 2015 242-1635, 50 Royal Crest Drive (off Site Inlets) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (Cont. from 6/10/15) See above. Document: Kenneth Lania of Cornerstone Land Consultants, Inc. verbal request for a continuance to July 22, 2015 meeting dated June 24, 2015 242-1652, 242 Dale Street (Barter/Nigro) (Sullivan Engineering Group, Inc.) (cont. from 6/10/15) The applicant Robert Barter of 242 Dale Street is present. Administrator states NHESP has issued -adverse impact/no- submitted a new plan showing an enlarged patio area which remains outside the 50-foot No-build zone. A motion to close the public hearing and issue a decision within 21 days is made by Mr. Mabon, seconded by Mr. Saal. Vote unanimous. Documents: Letter prepared by Division of Fisheries & Wildlife dated June 17, 2015 Photo prepared by the Conservation Department dated May 5, 2015 Site Development Plan Prepared by Sullivan Engineering Group, LLC dated May 6, 2015 and last revised 6/9/15. 242-1647 Administrator states the applicant submitted a from the Ephemeral Pool Habitat. The decision has been written and is ready for issuance. A motion to close the public hearing and issue a decision within 21 days is made by Mr. Saal, seconded by Mr. Mabon. Vote unanimous. Document: Site Plan for Notice of Intent Prepared by Christiansen & Sergi, Inc. dated February 26, 2015, last revised June 23, 2015 General Business: 8:15 PM 242-1624, Request for Bond Release, 56 Montiero Way (Heitzmann) (The MacDowell Company) (cont. from 6/10/15) Administrator states the project is complete and the site stable. Monitoring of restoration plantings is ongoing. She states the standard release at this point would be 50% of the original bond. Mr. Lynch states this is only for bond release, not compliance. Administrator confirms. A motion to issue a partial bond release in the amount of $750.00 is made by Mr. Mabon, seconded by Mr. Saal. Vote unanimous. Documents: E/Mail prepared by The MacDowell Company requesting a bond release dated June 8, 2015 E/Mail prepared by The MacDowell Company photos sent by John MacDowell dated May 14, 2015 242-1615, Modification Request, 105 Carlton Lane (Cordaro) (cont. from 6/10/15) The Field Inspector to add a pergola within the existing fenced in pool A motion to issue the modification is made by Mr. Mabon, seconded by Mr. Saal. Vote unanimous. Documents: Minor Modification Plan prepared by Wetlands & Land Management, Inc. dated June 11, 2014 and Photos prepared by Mr. Cordaro dated June 11, 2014 242-1428, Modification Request, (Merrimack Condominiums) (One Hundred Fourteen Trust) (Patrick C. Garner of Garner Company, Inc.) (cont. 6/10/15) The applicant Pribhu Hingorani of One Hundred Fourteen Trust, Timothy Barlow, Builder and Patrick C. Garner of Garner Company, Inc. are present. Mr. Garner presents the proposal to resolve a phasing issue. He states Building J is in phase 3 but needs to be constructed in Phase 2 for reasons involving utilities. Mr. Lynch asks if the stockpiles are still a concern. Mr. Barlow states they have been diminished. A motion to issue the modification to move Building J from Phase 3 into Phase 2 is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Document: Letter prepared by Patrick Garner of Garner Company, Inc. dated May 20, 2015 242-1562, COC Request, 151 Boxford Street (Kutz) (Sullivan Engineering Group, LLC) (cont. from 6/10/15) John Sullivan of Sullivan Engineering Group, LLC is present. Field Inspector reviews the as-built conditions including a deck that was constructed instead of the proposed patio (deck is while ). A propane tank and a/c unit was installed next to the addition and is landscape retaining wall was also added. The front walkway was replaced in a different land. The wetland markers area installed, erosion controls have been removed and the site is stabilized. The commission discusses the replacement of the patio with a deck and confirms that although not permitted it is not an issue. A motion to issue the COC is made by Mr. Saal, seconded by Mr. Lynch. Vote unanimous. Documents: Letter prepared by Sullivan Engineering Group, LLC dated May 10, 2015 WPA Form 8A-Request for Certificate of Compliance As-Built Plan of Land Prepared by Sullivan Engineering Group, LLC, dated May 11, 2015 Photos prepared by the Conservation Department dated June 22, 2015 242-923, COC Request, 100 Campbell Road (Shorter) (cont. from 6/10/15) Field Inspector states this Order of Conditions is from 1998 and was for construction of an above ground pool. A site verifies the work was never started and no other violations exist. A motion to issue the COC for invalid order is made by Mr. Mabon, seconded by Mr. Saal. Vote unanimous. Document: WPA Form 8A-Request for Certificate of Compliance dated May 29, 2015 242-1607, COC Request, 168 Campbell Road (Sylvester) Field Inspector presents the as-built conditions including the pool removal and replacement with clean fill. The retaining walls and walkway were the only other items of the order completed and they are constructed in kind. She states the applicant is requesting a waiver of an as-built. Mr. Lynch states a copy of the record drawing should be marked up and filed. A motion to issue the COC is made by Mr. Mabon, seconded by Mr. Saal. Vote unanimous. Documents: Letter prepared by Wetlands & Land Management, Inc. dated May 31, 2015 WPA Form 8A-Request for Certificate of Compliance Photos prepared by the North Andover Conservation Department date May 7, 2015 1436, COC Request, 57 Christian Way (Zdrojewski) Field Inspector states the permitted project proposed a patio, fire pit and deck extension however these items were not constructed. The work to repair sink holes was done and the driveway was expanded outside of the buffer zone. A stone wall was also added. The wetland makers are up and the site is stabilized however remnants of the silt fence and hay bale stakes need to be removed. A motion to issue the COC but hold until erosion controls are removed is made by Mr. Saal, seconded by Mr. Lynch. Vote unanimous. Documents: Letter prepared by Benjamin C. Osgood Jr., P. E. dated June 1, 2015 Request for COC Letter prepared by Benjamin C. Osgood Jr., P. E. dated June 1, 2015 Compliance Certification WPA Form 8A-Request for Certificate of Compliance As-Built Site Plan Prepared by Benjamin C. Osgood, Jr. P. E. dated June 1, 2015 Photos prepared by North Andover Conservation Department June 23, 2015 242-1422, COC Request, 21 High Street (RCG North Andover Mill. LLC) David Steinbergh of RCG North Andover Mill, LLC and Julie Vondrak of Wetland Permitting Consultant are present. Administrator states that as requested, the East Mill has filed for their COC. Mrs. Vondrak states she was the Environmental Monitor for the project. She reviews that the weir outlet was never constructed and reviews the varied success of the restoration plantings. In addition to new plantings two additional no-disturb makers will be installed. The applicant is requesting to use injection method of herbicide application to get rid of small patch of Japanese Knotweed. The commission reviews the proposal and asks that applicant come back at the end of the growing season. A motion to grant the request for a continuance to October 7, 2015 meeting is made by Mr. Mabon, seconded by Mr. Saal. Vote unanimous. Documents: Letter Prepared by Wetland Permitting Consultant dated June 17, 2015 Photo 1: Prepared by Wetland Permitting Consultant dated June 15, 2015 Photo 2: Prepared by Wetland Permitting Consultant dated June 15, 2015 Photo 3:Prepared by Wetland Permitting Consultant dated June 15, 2015 Photo 4: Prepared by Wetland Permitting Consultant dated June 15, 2015 Photo 5: Prepared by Wetland Permitting Consultant dated June 15, 2015 Photo 6: Prepared by Wetland Permitting Consultant dated June 15, 2015 Letter prepared by Civil Design Group, LLC dated May 22, 2015 WPA Form 8A-Request for Certificate of Compliance Copy of Town Check As-Built Plan Prepared by Odone Survey & Mapping Consulting dated May 22, 2015 Photo dated June 24, 2015 Stormwater Division of Civil Design Group, LLC Semiannual Stormwater Inspection Report Dated November 12, 2012 Stormwater Division of Civil Design Group, LLC Semiannual Stormwater Inspection Report Dated December 4, 2013 Stormwater Division of Civil Design Group, LLC Semiannual Stormwater Inspection Report Dated November 25, 2014 Stormwater Division of Civil Design Group, LLC Semiannual Stormwater Inspection Report Dated May 28, 2015 Bylaw Regulations Revisions (cont. from 6/10/15) Administrator requests a continuance to the July 8, 2015 meeting, A motion to grant the request for a continuance to July 8, 2015 meeting is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Enforcement Orders Enforcement Order Update 105 Massachusetts Avenue (E. F. Reilly & Sons) (cont. from 6/10/15) Administrator states the owner has begun removing the loam pile but will not be completed by the deadline to July 8, 2015 meeting. Mr. Napoli asks that a site visit be set up. Administrator states she will arrange for site visit with chairman. A motion to grant the request for a continuance to the July 8, 2015 meeting is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Document: WPA Form 9-Enforcement Order 136 Old Farm Road (cont. from 6/10/15) Field Inspector states the EO needs to be ratified. A motion to ratify the Enforcement Order is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Document: WPA Form 9-Enforcement Order 209 Vest Way (cont. from 6/10/15) Field Inspector states the EO needs to be ratified. A motion to ratify the Enforcement Order is made by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Document: WPA Form 9-Enforcement Order Decision 242-1647, 172 Summer Street The Administrator reviews the draft Order of Conditions. The Commission accepts the Order of Conditions as drafted and amended. A motion to accept the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Mr. Saal. Vote unanimous. A motion to adjourn the meeting at: 9:05 PM is made by Mr. Mabon, seconded by Mr. Saal. Vote unanimous.