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HomeMy WebLinkAboutCCMeetingMinutes_07.27.16 North AndoverConservation Commission Meeting Minutes July 27, 2016 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Vice Chairman, John T. Mabon, Douglas W. Saal. Members Absent: Deborah A. Feltovic, Sean F. McDonough, Joseph W. Lynch, Jr. Staff Member Present: Jennifer A. Hughes, Conservation Administrator. Pledge of Allegiance Meeting came to Order at: 8:02 PM Quorum Present. Approval of minutes of 6/22/16 A motion to accept the meeting minutes of 6/22/16 is made by Mr. Manzi, seconded by Mr. Mabon. Vote unanimous. Request for Determination of Applicability 58 Glenwood Street (Sinaci) (Sullivan Engineering Group, LLC) (cont. from 7/13/16) The applicant Marina Sinaci of 58 Glenwood Street is present. The Administrator states she spoke with representatives from Hazard Mitigation at Mass DCR. They reviewed the proposal and stated they did not see an issue with National Flood Insurance Program compliance. Mass DEP did not have concerns regarding restricted flows or an increase in flood stage or velocity. Mr. Manzi states a waiver was already granted for the fence. A motion to issue a negative determination #2 and #3 with a condition that the off the ground along the river side and for wetland markers on the fence is made by Mr. Manzi and seconded by Mr. Mabon. Vote unanimous. Document: Photo prepared by the North Andover Conservation Department dated June 22, 2016 E/Mail prepared by Eric Carlson of DCR dated: July 26, 2016 E/Mail prepared by Pamela Merrill of DEP dated: July 26, 2016 141 Autran Avenue (Martino) The applicant Audrey Martino of 141 Autran Avenue and Vincent Brandolini of Brandolini Construction, LLC are present. The Administrator presents the proposal to install a 3-season porch in the location of a previous deck as well as add a deck to the rear of the home. She states that the contractor has already removed the deck and installed the new sono-tubes. Mr. Manzi asks Mr. Brandolini how this occurred. Mr. Bandolini states he started the work in March because he was behind schedule. He states the old deck was rotted. He did not find out about the resource areas until he applied for the building permit. Mr. Manzi asks Mr. Bandolini if he is licensed. Mr. Bandolini states that he is. He states the city told him this work was not going to be a problem. Mr. Manzi states that Mr. Bandolini applied but the permit was not issued and yet he started the work. Mr. Manzi asks him how long he has been working as a contractor. Mr. Bandolini states 10 years. Mr. Saal asks if this will be all new construction or if the sonotubes were already there. Mr. Bandolini states the supports are all new because they were not deep enough. Mr. Saal asks if a waiver is required. Mr. Manzi states a waiver is not required because the 3 season room is in the same location as the legal, pre-existing deck. Mr. Mabon asks about erosion control. The Administrator states I will be biodegradable silt sock. Mr. Napoli asks for crushed stone under the new construction. Mr. Bandolini states the stone will be placed when work is finished. A motion to issue a negative #3 determination is made by Mr. Manzi as proposed with crushed stone under the 3-season room, seconded by Mr. Mabon. Vote: unanimous Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Copy of Town Check North Andover Conservation Commission Waiver Request Form dated July 15, 2016 Letter prepared by R. A. M. Engineering dated July 7, 2016 Letter prepared by Brandilini Construction, LLC dated February 20, 2016 Notification to Abutters From Certified Abutters List prepared by the North Andover Assessors Department dated July 15, 2016 Mass GIS NHESP prepared by the North Andover Conservation Department dated July 14, 2016 Mass GIS USGS Map prepared by the North Andover Conservation Department dated July 14, 2016 Plot Plan of Land at 141 Autran Avenue prepared by R. A. M. Engineering dated May 31, 2016, revised dated July 6, 2016 Photos prepared by the North Andover Conservation Department dated July 25, 2016 1101 Turnpike Street (Massachusetts Electric Company) (Coneco Engineers & Scientist, Inc.) Tracy Duarte of Coneco Engineers & Scientist, Inc. is present. The Administrator presents the proposal to connect the truck wash area to the municipal sewer. An oil/water separator will also be installed. Ms. Duarte presents that the tank will be 1,000 gallons. Mr. Mabon asks about the location and if catch basin protection will be provided. Ms. Duarte confirms. Mr. Napoli asks about depth. Ms. Duarte states 2- A motion to issue a negative #2 and #3 determination with conditions for pre and post construction inspections is made by Mr. Manzi, seconded by Mr. Mabon. Documents: Application Checklist-Request for Determination of Applicability Project Description Signatures and Submittal Requirements Copy of Town Check Abutters Notification Form Certified Abutters List prepared by the North Andover Assessors Department dated July 12, 2016 Aerial Map Figure 1 Aerial Locus Map prepared by Coneco Engineers & Scientist, Inc. dated July 13, 2016 USGS Topographic Map Figure 2 prepared by Coneco Engineers & Scientist, Inc. dated July 13, 2016 Firm-Flood Insurance Rate Map Figure 3 prepared by Coneco Engineers & Scientist, Inc. dated July 13, 2016 Natural Heritage and Endangered Species Habitat and Certified Vernal Pools Figure 4 prepared by Coneco Engineers & Scientist, Inc. dated July 13, 2016 Areas of Critical Environmental Concern Figure 5 prepared by Coneco Engineers & Scientist, Inc. dated July 13, 2016 Proposed Sanitary Sewer Connection test pit location Plan prepared by Coneco Engineers & Scientist, Inc. dated July 13, 2016 242-1685, Western Branch Railroad Mile Post 28.09 (Keolis Commuter Services, LLC) (PEER Consultants, P. C.) (cont. from 7/13/16) David Gorden of PEER Consultants, P. C. is present. See summary below. Document: No new information has been submitted. 242-1684, Western Branch Railroad Mile Post 28.20 (Keolis Commuter Services, LLC) (cont. from 7/13/16) David Gorden of PEER Consultants, P. C. is present. He states Keolis has done 12 such projects this year. He states the Administrator reviewed the locations with him. He reviews the history of the cattle crossings and presents a series of 9 photos. He states the proposed locations are in the upper reaches of the flood zone. Mr. Gorden reviews the proposal to replace the crossings with class 5 RCP. He reviews that the railtop is not strong structurally t the floodplain is Mr. Napoli asks why the existing box could not be sleeved inside. Mr. Manzi states the proposal will reduce the size of the opening by more than 50%. Mr. Gorden sta Mr. Manzi states replacing the pipe as the commission has recommended is a customer service issue for the applicant not an issue of science. Mr. Gorden states the only resource areas are floodplain and riverfront. Mr. Saal states the proposal will alter the floodplain. Mr. Gorden states the floodplain is measured in acre foot and this alteration is .01% of the entire floodplain. Mr. Mabon asks Mr. Gorden to justify that compensatory flood storage will not be impaired. He states floodwater should not be restricted and states the argument for the current proposal must be based on engineering and not a reason of timing. Mr. Saal states the biggest argument for the smaller culvert appears to be a time delay. Mr. Gorden states a larger pipe will mean more disturbance to the resource area. Mr. Saal states a smaller pipe will pass water through at a lesser rate. He states this is much more floodplain on the other side of tracks; water does not currently get there by going over the tracks. He states that is not just the ability of the water to pass through but also the ability to spread out on the other side and ease the flood elevation. Mr. Mabon states the justification must be in writing. Mr. Manzi states DEP comments have not been issued yet. Mr. Saal states a volume analysis could show the increase is minute. Mr. Gorden reviews the current cattle crossing and why it does not pass wildlife. r alternatives must be in writing. Mr. Mabon and Mr. Manzi agree that the proposal does not meet the standards of the WPA. crossings. Mr. Gorden cites wildlife data. Mr. Manzi states the commission could close and issue a decision that would not be positive. Mr. Gorden requests a continuance. A motion to continue the hearing until August 10, 2016 is made by Mr. Manzi seconded by Mr. Mabon. Vote: unanimous Document: No new information submitted. 242-1639, 351 Willow Street (Muffin Realty Trust) (The Morin-Cameron Group, Inc.) John Morin of The Morin-Cameron Group, Inc. is present. He presents the proposed changes in use to the Bake and Joy building. The dumpster enclosure will be moved and there will be no additional impervious area. A ramp will also be removed resulting in approximately 600 s.f. less of impervious. Mr. Mabon asks Mr. Morin states it will. A motion to issue the modification is made by Mr. Manzi seconded by Mr. Mabon. Vote: unanimous. Documents: Letter prepared by the Morin-Cameron Group, Inc. dated July 8, 2016. 242-242, PCOC Request, 54 Tucker Farm Road (Lot 15) (Holland) (Goldman Law Offices, PC) The applicant Terrence & Elizabeth Holland of 133 Greene Street are present. The Administrator reviews the findings of the Field Inspector and recommends a PCOC. A motion to issue the PCOC for 54 Tucker Farm Road (Lot 15) only is made by Mr. Manzi, seconded by Mr. Saal. Vote unanimous. Documents: Letter prepared by Goldman Law Offices, P. C. Request for Partial Certificate of Compliance dated July 19, 2016 Copy of Town Check WPA Form 8A-Request for Partial Certificate of Compliance 242-1431, COC Request, 1 Pond Street (Peterson) (ABS Design Group) The applicant Eric S. Peterson of 1 Pond Street is present. He presents the minor changes to drainage that are reflected on the as-built plan. The Administrator reviews the framing work that still needs to be completed on the garage. The Commission has no issue with that work being completed post COC. Mr. Napoli lets the applicant know the work went very well. A motion to issue the COC is made by Mr. Manzi, seconded by Mr. Mabon. Vote unanimous. Documents: Letter prepared by Mr. & Mrs. Peterson request for Certificate of Compliance dated July 18, 2016 Letter prepared by ASB Design Group request for Certificate of Compliance dated July 18, 2016 WPA Form 8A-Request for Certificate of Compliance Copy of Town Check North Andover Conservation Commission Order of Conditions Compliance Certificate Form dated July 18, 2016 As-Built Site Plan prepared by Donohoe Survey, Inc. dated July 15, 2016 242-1663, COC Request, 70 Raleigh Tavern Lane (Soule) (Merrimack Engineering Services, Inc.)(cont. from 7/13/16) The Administrator states that the brush pile has been cleaned up and the wetland markers are in place. A motion to issue the COC is made by Mr. Mabon, seconded by Mr. Saal. Vote unanimous. Documents: Letter prepared by Merrimack Engineering Services request for Certificate of Compliance dated May 25, 2016 WPA Form 8A-Request for Certificate of Compliance Copy of Town Check Photos prepared by the North Andover Conservation Department dated October 1, 2015 Photos prepared by the North Andover Conservation Department dated July 20, 2016 As-Built Plan of Subsurface Disposal System prepared by Merrimack Engineering Services, Inc. dated November 12, 2015 Enforcement Order 242-1428, Lot 4N-A Turnpike Street (Merrimac Condos) (One Hundred Fourteen Trust) (Garner Company, Inc.) The applicant Pribhu Hingorani of One Hundred Fourteen Trust and Timothy Barlow, Builder and Patrick C. Garner of Garner Company, Inc. are present. The Administrator reviews the issued Enforcement Order requiring an as-built plan overlaid on the proposed plan. She states this was not provided. Mr. Napoli states there have been so many modifications that the project has gotten off track. Mr. Mabon asks about the phasing. Mr. Barlow states the required as-built will be ready for the next meeting. He would still like to be able to work in phase 4. Mr. Manzi states work cannot continue until the confusion is worked out. Mr. Barlow states he would just excavate the N foundation and remove rock. He would not pour. Mr. Saal asks if the rock will require drilling or blasting. Mr. Barlow states the rock will be hammered out. The commission discusses what work should be allowed. Mr. Napoli states two weeks is not going to break the project. Mr. Manzi states the applicant can dig the new foundation hole but no forms. He states rock can be removed off-site. No new construction. Mr. Napoli asks about the stone wall. Mr. Barlow states only behind P, not N. Lou states only work on N. Mr. Mabon states the NACC needs dates certain when the problems will be fixed. Mr. Napoli asks if Mr. Barlow is no longer working on the site. The answer is he is on site. Mr. Saal asks about as-builds. A motion to ratify the Enforcement Order as amended to allow digging of the N foundation and rock removal is made by Mr. Manzi seconded by Mr. Saal. Vote unanimous. 146/148 Main Street (Smith/Sutton Pond Condominium Trust) (cont. from 7/13/16) The Administrator review the Magistrates decision following the July 21 hearing. She states the applicant must pay the fine by September 2, 2016. Document: Notice Regarding Show Cause Hearing Election of Officers A nomination to elect Mr. Napoli Chairman is made by Mr. Manzi, seconded by Mr. Mabon Vote unanimous. A nomination to elect Mr. Manzi Vice Chairman is made by Mr. Mabon, seconded by Mr. Saal. Vote unanimous. A motion to adjourn the meeting at: 10PM is made by Mr. Saal, seconded by Mr. Manzi Vote unanimous.