HomeMy WebLinkAboutCCMeetingMinutes_10.12.16
North AndoverConservation Commission Meeting Minutes
October 12, 2016
Members Present:
Louis A. Napoli, Chairman, Albert P. Manzi, Vice Chairman, Joseph W.
Lynch, Jr., John T. Mabon, Deborah A. Feltovic, Douglas W. Saal.
Member Absent:
Sean F. McDonough
Staff Member Present:
Jennifer A. Hughes, Conservation Administrator
Pledge of Allegiance
Meeting came to Order at: 7:01PM Quorum Present.
Approval of 9/14/16
A motion to approve the minutes of 9/14/16 is made by Mr. Manzi, seconded by Ms.
Feltovic.
Vote: Unanimous
NACC# 178, 730 Winter Street (Norton)
The owner Matthew Norton is present.
The Administrator presents the homeowners proposal to pave the remainder of his driveway
with pervious pavers. There is an exemption for this work under the Wetlands Protection Act
(WPA).
Mr. Manzi asks if there will be excavation.
Mr. Norton states there will not.
Mr. Lynch asks about the product to be installed.
Mr. Norton states he has had good results with the portion of the driveway he paved
previously. He is able to use the snow blower on it and the snow melts quickly.
Mr. Lynch.
Vote: Unanimous
A motion to approve the Small Project Permit as proposed with special conditions for pre and
post construction inspections and erosion control is made by Mr. Manzi and seconded by Mr.
Lynch.
Vote: Unanimous
Documents:
Application Checklist-Small Project
Small Project Procedures
Copy of Town Check
Plan prepared by the applicant Matthew Norton dated September 23, 2016
Detail of Eco-Priora pavers prepared by the applicant Matthew Norton dated October 7,
2016
Photos prepared by the North Andover Conservation Department dated September 12, 2016
Request for Determination of Applicability
505 Sutton Street (Local Bylaw Only) (Sutton Street Redevelopment, LLC) (LEC
Environmental Consultants, Inc.)
Richard Kirby of LEC Environmental and Eric Loth of MINCO are present.
The Administrator states she has walked the property and observed the off-site wetland. It
was not holding water at the time. She states there are no resource areas behind the China
Blossom. She did observe facultative plants off property at 59 Surrey Drive. The area is at
the base of a slope. There is a delineation for 67 Surrey Drive.
Mr. Kirby states the area is isolated. He states investigations were done in another area of the
site where there was wetland vegetation. The area had upland soils.
Ms. Feltovic asks if she recommends a negative determination.
The Administrator states yes but she was only able to observe the area from off-site.
Mr. Lynch states the approval of the buffer zone on the subject parcel would only be
approximate.
The Administrator states yes and local jurisdiction only.
Mr. Saal asks what the point of this is as the ZBA would regulate local jurisdiction under a
40B project.
The Administrator states the vegetation plus the hydrology is enough to make this a wetland.
Mr. Kirby states his delineation is conservative.
Mr. Robinson of 68 Surrey asks why a 40B was mentioned.
Mr. Lynch states it is only for discussion purposes.
Mr. Saal states the discussion would be about jurisdiction.
Mr. Duffy of 59 Surrey owns the property where the wetland is located. He states there is
standing water there from early spring through June.
Mr. Manzi discusses how a wetland is determined.
point.
Mr. Loth states he did request permission to delineate but was denied access.
Mr. Duffy asks what a Request for Determination is.
Mr. Manzi explains.
Mr. Lynch states the Determination is good for 3 years.
Mr. Kirby states the vegetation in the area is very thing. 1,000 s.f. is a presumption. The area
may be smaller.
Mr. Manzi states allowing access to the property is up to Mr. Duffy.
Mr. Duffy states he will consider.
Mr. Wakelin of 49 Surrey asks about the delineation lines on the plan. He states he has a wet
corner of his lot where grass will not grow.
Mr. Manzi asks if it is OK for the Administrator to go on the property.
Mr. Lync explains what makes a wetland. He states size and location determine if it is state
or locally jurisdictional.
The Administrator mentions an area of silky dogwood that was investigated on property. She
states she walked the entire back property line.
Mr. Kirby describes the topography on site.
The owner of 43 Surrey grants permission to visit.
Mr. Smolag of 67 Surrey believes there may be an underground spring feeding the wetland.
Mr. Lynch asks if 51 Surrey is present. No one answers.
Homeowners state that trenches have been dug.
The Administrator states there could be issues if there has been alteration.
Mr. Lynch tells the abutters that if there is a wetland there will be jurisdiction.
Mr. Manzi states this can be confirmed with augering.
Mr. Lynch suggests a continuance to give the abutters time to allow access.
Mr. Loth of MINCO assents to a continuance.
Mr. Manzi explains the subzones on the plan.
Mr. Mabon states information is needed on the size of the wetland to determine setbacks and
jurisdiction and to determine if it is connected to anything else.
Mr. Saal states there are 4 properties along the property line.
A motion to continue the hearing to October 26, 2016 is made by Mr. Lynch and seconded
by Ms. Feltovic.
Vote: Unanimous
Documents:
Application Checklist-Request for Determination of Applicability
WPA Form 1-Request for Determination of Applicability
General Information
Project Description
Signatures and Submittal Requirements
Copy of Town Check
Notification to Abutters Form
Certified Abutters List prepared by the Town of North Andover Assessors Department dated
September 14, 2016
Existing Conditions Plan prepared by The Morin-Cameron Group, Inc. dated August 26,
2016, revised dated September 29, 2016
83 Old Farm Road (Buckley)
purchased the home a few months ago. The fence would be right at the wetland line in areas.
A waiver request has been submitted.
Mr. Mabon states there is usually
to have a buffer to the wetland to increase its function. The buffer provides filtration prior to
recharge.
Mr. Buckley state he has maintained the original yard. He states the shed is also original. If
-Disturb Zone he will lose usage of the yard.
Mr. Saal asks what type of fence is proposed.
Mr. Buckley states vinyl along the sides and chain link along the rear of the lot.
Ms. Feltovic asks about the debris behind the shed.
Mr. Buckley states this was from the prior owner.
the house and clean up behind.
Mr. Buckley states the shed may not survive the move.
Mr. Lynch states he could try to roll the fence.
Mr. Manzi states if the shed is compliant the fence is not an issue.
Mr. Napoli states the shed should be moved and the fence snaked a distance off of the
wetland line.
The commission discusses possible fence locations.
Mr. Napoli states the wetland must be protected.
Mr. Manzi states the shed must be moved as it is a violation.
The Administrator states the current shed location should be allowed to revert to natural.
Mr. Lynch asks if the dog run is existing. He states the area needs improvement without
being onerous. He understands the violation is not the new owner. He states restoring a
buffer zone will protect it from pet waste. He states the fence should be squared off rather
The Administrator discusses this using the plan.
Mr. Lynch recommends a continuance of 2 weeks to determine fence location and put on
plan.
A motion to continue for a revised scaled plan is made by Ms. Feltovic and seconded by Mr.
Manzi.
Vote: Unanimous
Documents:
Application Checklist-Request for Determination of Applicability
WPA Form 1-Request for Determination of Applicability
Copy of Town Check
General Information
Project Description
Signatures and Submittal Requirements
Certified Abutters List prepared by the North Andover Assessors Department dated
September 30, 2016
Notification to Abutters Form
North Andover MIMAP prepared by the North Andover Conservation Department dated
September 23, 2016
French Farm Subdivision prepared by Christiansen & Sergi, Inc. dated July 23, 1985
NHESP Map prepared by the North Andover Conservation Department dated September 29,
2016
USGS Locus Map prepared by the North Andover Conservation dated September 29, 2016
Photo prepared by the North Andover Conservation Department dated October 12, 2016
Notice of Intents (NOI)
242- , 50 Royal Crest Drive (off site Inlets) (AIMCO North Andover, LLC) (Cornerstone
Land Consultants, Inc.)
The Administrator states the applicant requests a continuance to the 10/26/16 meeting to
make revisions to the filing.
A motion to continue the hearing to the 10/26/16 meeting is made by Mr. Saal and seconded
by Ms. Feltovic.
Vote: Unanimous
Documents:
E/Mail prepared by Cornerstone Land Consultants, Inc. request a continuance to the
October 26, 2016 meeting dated October 12, 2016
242-1688, 30 Ironwood Road (Guinee) (Hayes Engineering, Inc.) (cont. from 9/28/16)
(Request to cont. to 10/26/16)
The Administrator states the applicant has filed with the Planning Board for a Watershed
Special Permit. The application is being sent out for stormwater review. The consultant has
requested a continuance to the 10/26/16 meeting.
A motion to continue the hearing to the 10/26/16 meeting is made by Mr. Saal and seconded
by Ms. Feltovic.
Vote: Unanimous
Documents:
E/Mail prepared by Hayes Engineering, Inc. request a continuance to the October 26, 2016
meeting dated October 12, 2016
242- , 150 Flagship Drive (Channel Company, Inc.) (Epsilon Associates, Inc.)
Jeffrey Poor of Flagship Press, Mike Howard and Rhianna Sommers of Epsilon Associates,
Inc. and Nicole Duquette of MHF Design are present.
The Administrator states she reviewed the wetland delineation and made some changes
which are reflected on the plan before the commission.
Mr. Howard presents the general proposal to add parking at the site adhering to the Bylaw
No-Build Zone.
Ms. Sommers presents the plan specifics including adding 19 additional parking spaces. She
states a prior OOC required stormwater BMPs including a swale on the west side of the drive
with a culver under the drive. She states she delineated the BVW and the IVW but the IVW
is actually an unmaintained detention basin on the adjacent property. She states there will be
No-Build Zone, approximately 240 s.f. Erosion control will also be in the
NBZ with haybales at the culvert. She states the culvert also needs repair.
Mr. Mabon asks if the grading is permanent and if a retaining wall or fencing is needed.
Ms. Sommers states none are needed.
Ms. Duquette presents the stormwater management plan. She points out the restrictive buffer
and a residential buffer in other areas. She states curbing will be placed along the new spaces
and graded back toward the drive. Currently there are no oil/water separators in the catch
basins. They are already deep sump. A grass swale and detention basin predate the proposal
so they will add pretreatment in the form of a sediment forebay. A new drainage analysis was
not done. The old information was TR55 not hydrocad. There is a decrease in the rate of
Ms. Duquette reviews the proposed culvert repair. She believes the flared end has separated
from the pipe.
Mr. Mabon asks if there is uncertainty about the repair. He asks if replacement may be
necessary.
Mr. Howard states they would consult with the commission if additional work isneeded.
Mr. Lynch states extra erosion control may be needed.
Mr. Howard states they will present a further plan for repair.
Mr. Lynch asks about snow storage.
Mr. Poor states a loader pushes the snow to the end of the lot and it is taken away.
The commission discusses snow stockpiling. Signage to the north side of the new spaces is
needed.
The Administrator asks if all new flow will be directed to the catch basins.
Answer is yes.
Mr. Napoli asks about the fill depth.
The commission decides stormwater review is not needed.
A motion to continue the hearing to 10/26/16 is made by Mr. Lynch and seconded by Ms.
Feltovic.
Vote: Unanimous
Documents:
Application Checklist-Notice of Intent
WPA Form 3-Notice of Intent
General Information
Signatures and Submittal Requirements
Project Narrative
Figure-1 USGS Locus Map prepared by Epsilon Associates, Inc. dated Basemap 1987 USGS
Quadrangles, Mass GIS
Figure-2 Aerial Locus Map prepared by Epsilon Associates, Inc. dated Basemap 2013
Orthophotography, Mass GIS
Figure-3 Mass DEP Wetlands and FEMA Flood Zones Basemap 2013 Orthography Mass
GIS
Flood Insurance Rate Map prepared by Epsilon Associates, Inc. dated July 3, 2012
Site Photographs prepared by Epsilon Associates, Inc. dated August 17, 2017
Wetland Determination Data Form dated prepared by Epsilon Associates, Inc. dated August
17, 2016
NOI Wetland Fee Transmittal Form prepared by Epsilon Associates, Inc.
Copy of State and Town Check
Abutters Notification Form prepared by Epsilon Associates, Inc.
Certified Abutters List prepared by the North Andover Assessors Department dated
September 14, 2016
North Andover MIMAP prepared by Epsilon Associates, Inc. dated September 14, 2016
Commercial Property Record Card Parcel year2017 prepared by Epsilon Associates, Inc.
Affidavit of Service prepared by Epsilon Associates, Inc. dated September 30, 2016
Proposed Parking Expansion 150 Flagship Drive prepared by Epsilon Associates, Inc.
September 22, 2016
Existing Condition Plan prepared by MHF Design Consultants, Inc. dated September 22,
2016
Site Layout, Grading, & Drainage Plan prepared by MHF Design Consultants, Inc. dated
September 22, 2016
Construction Detail Plan prepared by MHF Design Consultants, Inc. dated September 22,
2016
Stormwater Management Report prepared by MHF Design Consultants dated September 22,
2016
Photos prepared by the North Andover Conservation Department dated October 11, 2016
Amendment
242-1629, 4 W High Street (RCG West Mill NA, LLC) (Civil Design Group, LLC)(cont.
from 9/28/16)
The Administrator states the Planning Board has issued their decision. She recommends
closing and issuing.
A motion to close the public hearing and issue a decision in 21 days is made by Ms. Feltovic
and seconded by Mr. Manzi.
Vote: Unanimous
Documents:
Amendment Operation and Maintenance Plan prepared by Civil Design Group, LLC dated
September 2016
Hydro flow Storm Sewers Extension for AutoCAD Civil 3D 2012 Plan prepared by Civil
Design Group, LLC
Routing Diagram for Post Development Previous prepared by Microsoft prepared by Civil
Design Group, LLC dated September 22, 2016
E/Mail prepared by Eggleston Environmental dated September 28, 2016
Construction Plans prepared by Civil Design Group, LLC dated September 22, 2016
Photo prepared by the North Andover Conservation Department dated September 13, 2016
General Business:
0 Riverview Street (Massachusetts Electric Company)(Easement Request) (cont. from
9/28/16)
The Administrator states she and the chairman are planning to attending a meeting with
counsel from National Grid to be hosted by GLSD.
A motion to continue the matter to the 10/26/16 meeting is made by Ms. Feltovic and
seconded by Mr. Mabon.
Vote: Unanimous
242-1667, COC Request, 700 Middleton Street (Fischer) (Northeast Classic Engineering)
(cont. from 9/28/16)
The Administrator states the owner needs to install additional stone at the driveway.
A vote to continue the request to the 10/26/16 meeting is made by Ms. Feltovic and seconded
by Mr. Manzi.
Vote: Unanimous
242-1609, COC Request, 59 Bannan Drive (Blackshaw) (Frank S. Giles II, P. L. S.)
The Administrator states the site is constructed in compliance with the Order and is fully
stabilized. Erosion controls have been removed and wetland markers have been installed.
A motion to issue a full and final Certificate of Compliance is made by Ms. Feltovic and
seconded by Mr. Manzi.
Vote: Unanimous
Documents:
Letter prepared by Frank S. Giles, II, P. L. S. dated September 27, 2016
WPA Form 8A-Request for Certificate of Compliance
Copy of Town Check
As-Built Plan of Land prepared by Frank S. Giles, II, P. L. S. Land Consulting dated August
25, 2016
Photos prepared by the North Andover Conservation Department dated September 12, 2016
Enforcement Order-255 Hay Meadow Road (Ramanujam & Kannan) (cont. from 9/28/16)
The Administrator states the homeowner did not obtain a wetland delineation as was required
by the prior Enforcement Order.
A motion to amend the EO to require the homeowner to get a wetland delineation by
November 10 and attend the November 16, 2016 meeting or face fines is made by Ms.
Lynch and seconded by Ms. Feltovic.
Vote: Unanimous
Documents:
Violation Letter prepared by the North Andover Conservation Department dated August 19,
2016
Violation Letter prepared by the North Andover Conservation Department dated September
20, 2016
WPA Form 9-Enforcement Order prepared by the North Andover Conservation Department
dated October 17, 2016
Photos prepared by the Homeowner dated August 2016
Enforcement Order-83 Campbell Road (Fallon) (cont. from 9/28/16)
The Administrator states the homeowner is getting a delineation done and will be filing.
A motion to confirm the EO as drafted is made by Ms. Feltovic and seconded by Mr. Manzi.
Vote: Unanimous
Documents:
Enforcement Order Letter prepared by the North Andover Conservation Department dated
September 28, 2016
WPA Form 9-Enforcement Order prepared by the North Andover Conservation Department
dated September 26, 2016
Photos prepared by the North Andover Conservation Department dated September 26, 2016
Enforcement Order-203 Cotuit Street (Deschamp)
The Administrator states a patio was installed within the buffer zone. The homeowner is
getting a wetland delineation and will be filing.
A motion to confirm the EO as drafted is made by Ms. Feltovic and seconded by Mr. Manzi.
Vote: Unanimous.
Documents:
Enforcement Order letter prepared by the North Andover Conservation Department dated
October 5, 2016
WPA form 9-Enforcement Order prepared by the North Andover Conservation Department
dated October 5, 2016
Discussion 123 Bonny Lane EO
The Administrator explains a violation at the end of Bonny Lane. Commission states an
Enforcement Order is needed.
A motion to adjourn the meeting at 9 P.M. is made by Mr. Manzi and seconded by Ms.
Feltovic. Vote: Unanimous