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HomeMy WebLinkAboutCCMeetingMinutes_10.26.16 North AndoverConservation Commission Meeting Minutes October 26, 2016 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Vice Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic, John T. Mabon, Douglas W. Saal. Members Absent: . Sean F. McDonough Staff Members Present: Jennifer A. Hughes, Conservation Administrator Pledge of Allegiance Meeting came to Order at: 7:02PM Quorum Present. Approval of Minutes (None this week) The administrator reviews the Friends of North Andover Trails newsletter and highlights some of their accomplishments this year including new trails, boardwalks and signage. The commission is appreciative of their efforts. Request for Determination of Applicability 83 Old Farm Road (Buckley) (cont. from 10/12/16) The Administrator reviews the new plan showing the revised fence location with an average Mr. Buckley reviews the new plan with the commission. Mr. Saal confirms that the shed will be removed. Mr. Manzi makes a motion to approve the fence with a negative #3 with special conditions from BVW and post construction inspection. Mr. Mabon seconds the motion. Vote: unanimous Documents: North Andover MIMAP Aerial Revised Plan prepared by the North Andover Conservation Department dated September 23, 2016 North Andover Conservation Commission Waiver Request Form October 11, 2016 Photos prepared by the North Andover Conservation Department dated October 12, 2016 7 South Cross Road (Naehle) The Administrator presents the proposal to fill sinkholes in the yard similar to what was done at 21 South Cross. The Administrator states yes. Mr. Naehle states the sinkholes were likely caused by buried stumps. Mr. Lynch states this was likely the builder. Mr. Manzi makes a motion to issue a Negative #3 determination with a condition for silt sock erosion control and the replacement of one No-Disturbance post and wetland marker that fell due to the sink holes. Motion 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 NHESP Map prepared by the North Andover Conservation Department dated September 19, 2016 USGS Aerial Locus Map prepared by the North Andover Conservation Department dated September 19, 2016 Certified Abutters List prepared by the North Andover Assessors Department dated September 26, 2016 Notification to Abutters Form As-Built Plan prepared by Civil Design Consultants, Inc. dated February 14, 2012 Photos prepared by the North Andover Conservation Department dated September 12, 2016 505 Sutton Street (Local Bylaw Only) (Sutton Street Redevelopment, LLC) (LEC Environmental Consultants, Inc.) (cont. from 10/12/16) Richard Kirby of LEC Environmental is present. The Administrator presents her further review of the off-site properties adjacent to the subject property. Only one owner gave permission for access (51 Surrey Duffy). There were no wetlands on this property. From off-site observation it appears the area is more than 1,000 s.f. Mr. Lynch asks if the area could be more than 5,000 s.f. The Administrator states no. Mr. Kirby concurs with the Administrators presentation. There are no abutters present. Ms. Feltovic makes a motion to issue a Positive Determination #5 and #6 for confirmation of Buffer Zone to Isolated Vegetated Wetland on property that is subject to the review of the NACC (local bylaw only). Mr. Lynch seconds the motion. Vote: unanimous Documents: No new submittals 895 Forest Street (Dooley) The Administrator states a prior filing for the site shows the wetland delineation which is accurate. The limit of lawn has not changed. Ms. Dooley presents the work that has been done to install chicken coops and a shed. Additional shed/shelter for horses may not be built. Mr. Mabon asks about the fence that was installed. Mr. Manzi asks how big the lot is. Ms. Dooley states 3+ acres. Mr. Mabon asks if there is monumentation of the -Disturbance Zone. The Administrator states there is. Mr. Lynch asks if there are any concerns with Natural Heritage. The Administrator states they have been contacted and there are not. Mr. Mabon asks how tall the fence is. Mr. Manzi asks if it is electrified. Mr. Manzi makes a motion to waive the No-Build setback to the Vernal Pool (although not needed per approved plan). Ms. Feltovic seconds the motion. Vote: unanimous Mr. Manzi makes a motion to issue a Negative Determination #3 with pre and post construction inspections and replacement of the one missing wetland marker. Mr. Saal seconds the motion. Vote: unanimous Documents: Application Checklist-Request for Determination of Applicability General Information Project Description Signatures and Submittal Requirements Copy of Town Check Notification to Abutters Certified Abutters List prepared by the North Andover Assessors Department dated September 9, 2016 North Andover Conservation Commission Waiver Request Form prepared by the Conservation Department dated October 18, 2016 North Andover MIMAP prepared by the North Andover Conservation Department dated September 9, 2016 USGS Aerial Locus Map prepared by the North Andover Conservation Department dated September 28, 2016 NHESP Aerial Map prepared by the North Andover Conservation Department dated September 28, 2016 Wetland Restoration Plan prepared by the North Andover Conservation Department dated October 13, 2016 Photos prepared by the North Andover Conservation Department dated September 12, 2016 Oakridge Village (Scherneker Property Services) (Meadows) filings before receiving new permits. This applicant is still waiting on as-built plans. Phase 1 and 2 of the project have already been confirmed to be in compliance. Mr. Manzi asks how old the existing decks are. Kevin Winter of Scherneker Property Services presents that 5 raised decks need replacing in kind. No new footings are needed. 5 decks will be replaced with patios. Mr. Mabon asks if the pavers will be pervious. Mr. Lynch states previously there was not stone dust under the decks. Mr. Manzi states pervious patios would be better. The Administrator states the patios could drain to gravel. Mr. Lynch suggests drip edge around each patio. Mr. Mabon agrees this would be acceptable. Mr. Napoli asks if a bond reduction is requested. He suggests a letter be sent to the engineer to get as-builts completed. Ms. Feltovic makes a motion to issue a Negative #3 Determination with conditions for a drip edge around each patio and erosion control as approved by the department. Pre and post construction inspections are also required. Mr. Manzi seconds the motion. 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 Work Description prepared by Scherneker Property Services October 14, 2016 USGS Aerial Locus Map Notification to Abutters Form Plan of Land showing decks and patios needing repair at Basswood Circle , Alder Way, and Acorn Drive prepared by Scherneker Property Services dated October 14, 2016 Photos prepared by the North Andover Conservation Department dated October 26, 2016 Notice of Intent 242- , 50 Royal Crest Drive (off site inlets) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 10/12/16) The applicant requests a continuation to the 11/16/16 meeting of the commission. Motion by Mr. Manzi seconded by Ms. Feltovic to continue the hearing to 11/16/16. Vote: unanimous Document: E/Mail prepared by Cornerstone Land Consultants, Inc. request for a continuance to the November 16, 2016 meeting dated October 26, 2016 242-1688, 30 Ironwood Road (Guinee)(Hayes Engineering, Inc.) (cont. from 10/12/16) The applicant requests a continuance to the 11/16/16 meeting of the commission. Motion by Ms. Feltovic, seconded by Mr. Manzi to continue the hearing until 11/16/16. Vote: unanimous Documents: Letter from Norse Environmental 242- , 150 Flagship Drive (Channel Building Company, Inc.) (Epsilon Associates, Inc.) (cont. from 10/12/16) Mike Howard of Epsilon Associates and Nicole Duquette of MHF Design are present for the applicant. Mr. Howard states snow storage is shown on the plan. Ms. Feltovic states the O&M plan needs to be updated. Mr. Howard asks if commission could find a way to close and issue when the DEP File # is issued. Many weeks have passed and a file number has still not been issued. The check to the state was cashed but they are 2 weeks behind in issuing file numbers. This discussion is tabled to the end of the meeting. Discussion on the matter resumes at 9:04 p.m. Mr. Howard states he will put in writing that the applicant will waive the 21 day requirement to issue an order once the hearing is closed. He cites the unique circumstances with DEP and the need to do the parking work before the paving plants close. The Administrator states there is also a 3 week gap before the next meeting. Mr. Manzi makes a motion to close and issue a positive decision that the Administrator will review with chairman prior to issuance. This will be issued once a DEP File # is received given that the 21 day waiver has been submitted by the applicant. Ms. Feltovic seconds the motion citing the uniqueness of the situation. Vote: unanimous Documents: Existing Conditions Plan, Demolition & Erosion Control Plan, Site Layout, Grading & Drainage Plan, Existing Conditions Plan dated September 22, 2016, revised October 26, 2016 242-1689, Salem Street (Lots 1-3) (Livingstone Development Corporation) (Norse Environmental Services, Inc.) Maureen Hanley of Norse Environmental Services is present to represent the applicant. The Administrator presents issues with the delineation including potential additional Riverfront Area, the need to further investigate a potential Isolated Vegetated area, and an expired delineation off-site at the rear of the lot. A Land Disturbance Permit is also likely required and has not been filed for. Ms. Hanley states the wetlands at the rear of the site are off property. She states NHESP has issued a no take letter. -Build Zone for driveways and stormwater management. She states there is an Isolated Vegetated Wetland on the Salem Woods property. Mr. Lynch asks the distance to the Salem Woods Wetland. Ms. Hanley states it is more t likely need a continuance. Mr. Mabon asks about the stone swale shown on the plan. Ms. Hanley states it is an infiltration trench with check dams to control runoff from the driveways. The commission discusses the Riverfront delineation and the potential for a backwater area to be jurisdictional. Mr. Manzi asks about runoff from the driveways post construction. Mr. Lynch states there appears to be no runoff control for the long driveways. The commission discusses sequencing and permitting. Mr. Lynch states there is 38- The commission is concerned about land disturbance and runoff to Salem Street. Mr. Lynch states this presentation is informational and the applicant needs to go back and consider control from the top during construction. Mr. Manzi states the wrong storm would cause serious problems. The Administrator states additional erosion controls are needed at the road. Stephen Stabile of 265 Webster Woods asks if the sites will be on septic. Ms. Hanley confirms that they will. The commission discusses the off-site wetlands and slopes. Mr. Stabile asks if blasting will affect his property. Mr. Lynch states that is state regulation. He refers Mr. Stabile to the blasting rules and regs. Ms. Feltovic makes a motion to continue the hearing to the 11/16/16 meeting. Mr. Manzi seconds the motion. Vote: unanimous Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent General Information Signatures and Submittal Requirements Copy of State and Town Check Applicant Information NOI Wetland Fee Transmittal Form Notification to Abutters Form Certified Abutters List prepared by the North Andover Assessors Department dated September 30, 2016 Affidavit of Service prepared by Norse Environmental Services, Inc. dated October 14, 2016 Narrative Alternative Analysis Alternative Plan #1 6-Lot Subdivision Alternative Plan #2 3-Lot Subdivision Delineation Field Data Form prepared by Norse Environmental Services, Inc. dated April 8, 2016 Prepared by the Town of North Andover Board of Assessors dated January 1, 2015 Locus Aerial Map Mass GIS online mapping prepared by Norse Environmental Services, Inc. dated September 29, 2016 Soil Map prepared by Norse Environmental Services, Inc. dated September 30, 2016 Flood Insurance Rate Map prepared by Norse Environmental Services, Inc. dated July 3, 2012 North Andover Wetlands Regulations Riverfront Area Map prepared by Epsilon Associates, Inc. dated June 2, 2003 Photos prepared by Norse Environmental Services, Inc. dated October 7, 2016 Site Plan for Notice of Intent Sheets 1 of 3 prepared by Christiansen & Sergi, Inc. dated October 5, 2016 242- , Route 114/125 and Elm Street/Andover Street (Massachusetts Department Transportation) (VHB, Inc.) Meredith Avery and Jeffrey Koetteritz of VHB are present to represent the applicant. The Administrator pre Crest and Merrimack College sides. Ms. Avery presents Phase I which was the crosswalk and signal. Phase 2 will be the sidewalks. There is a need to control runoff and sediment along the edge of the roadway. Although Mass Highway is not filing under the local bylaw they are will to maintain consistent hydrology to the isolated wetlands on the Royal Crest side of the street. She presents the shift in the headwall near the Merrimack driveway that will be required to accommodate the widening of the sidewalk in that area. She states there is also an open drainage ditch on the Merrimack side. The sidewalk will be on the other side of the ditch to avoid a disruption in the drainage. She explains the inlets with stone depressions that will be used to mimic existing drainage patterns. The Administrator states the town engineer has prepared a review letter. He would like to see the infiltration basins extended to accommodate more runoff. She states the application is also missing a stormwater checklist and an O&M plan. Ms. Avery states Mass DOT has a statewide O&M. The Administrator asks if the pertinent parts could included with the filing. Mr. Mabon states stormwater management should be coordinated with the town engineer. Ms. Feltovic asks about the length of the sidewalk. Ms. Avery states approximately 3,500 l.f. from Andover Street to the office park. Mr. Napoli states that maintenance is very important for a good project and for safety. He asks about the blinking red and the confusion it has the potential to cause. Mr. Lynch states the safety improvements are greatly needed. He asks about the pollution stream and the potential for sediment forebays. Mr. Koetteritz states the trenches are meant to act more like level spreaders. Mr. Lynch asks if the sidewalk beyond the pavement is in the right of way. Mr. Lynch asks if Royal Crest has been notified of the proposed work. Ms. Avery states she will send notification to Royal Crest. Mr. Lynch reviews the changes to stormwater treatment. Mr. Koetteritz states the trenches will capture sediment and disbursement will be lateral. There will be even flow with no channelization at the end. Mr. Saal asks if there will be any widening of the road and if there will be any sidewalk work on campus. Mr. Koetteritz states there is a fence proposed on the college campus but sidewalks will be on the right of way. Mr. Saal asks if taxpayer money will be used on private property. Felipe Schwartz of Merrimack College states this is a public/private partnership. He states the college paid for the crosswalk and a pedestrian study to be done. The crosswalk is for public use. Mr. Manzi states the largest abutter, Royal Crest, should be notified. Ms. Feltovic makes a motion to continue the public hearing to 11/16/16 for receipt of additional information and a DEP file #. Mr. Manzi seconds the motion. Vote: unanimous Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent General Information Signatures and Submittal Requirements NOI Wetland Fee Transmittal Form Copy of State and Town Check Figure 1-USGS Locus Aerial Map prepared by VHB, Inc. dated October 7, 2016 Figure 2-Aerial Locus prepared by VHB, Inc. dated October 7, 2016 Figure 3-Environmental Constraints prepared by VHB, Inc. dated October 7, 2016 Figure 4-FEMA Flood Hazards prepared by VHB, Inc. dated October 7, 2016 Figure 5-Proposed Sidewalk Phases Route 114 Pedestrian Crossing Project Merrimack College prepared by VHB dated September 30, 2016 Notice of Intent Narrative prepared by VHB, Inc. dated September 30, 2016 / ProjectWork Description Sidewalk and Pedestrian Improvements Plan 1 of 36 Sheet prepared by VHB, Inc. dated October 12, 2016 Stormwater Memorandum Stormwater/Drainage Design Summary prepared by VHB, Inc. dated October 12, 2016 Photos prepared by the North Andover Conservation Department dated October 24, 2016 General Business: 123 Bonny Lane, Enforcement Order (EO) The Administrator presents that the applicant will be present at the next meeting to discuss the violation however he would like to plant additional plantings in the No-Disturb Zone this weekend while the planting weather is still good. Mr. Dawson, homeowner, has been given a native plant list and has chosen some of the species. She recommends approving the planting. Mr. Lynch makes a motion to issue an Enforcement Order allowing the planting to occur. Ms. Feltovic seconds the motion. Vote: unanimous Documents: Enforcement Order letter prepared by the North Andover Conservation Department dated October 17, 2016 WPA Form 9-Enforcement Order prepared by the North Andover Conservation Department dated October 17, 2016 WPA Form 9-Second Enforcement Order prepared by the North Andover Conservation Department dated October 26, 2016 Photos prepared by Mr. Dawson dated October 18, 2016 Photos prepared by Mr. Dawson dated October 25, 2016 0 Riverview Street (Massachusetts Electric Company) (Easement Request) (cont. from 10/12/16) The Administrator states that a meeting with the chairman, GLSD and National Grid is set . for this coming Friday Ms. Feltovic makes a motion to continue the meeting at the request of the applicant to the 11/16/16 meeting. Mr. Manzi seconds the motion Vote: unanimous Document: Easement for 2 existing poles SO Poles and 2 New Poles needs +/- Truck access prepared by DJB dated October 9, 2015 242-1169, PCOC Request, 2357 Turnpike Street (Valley Realty Development, LLC) (Meadows) The applicant requests a continuance to the 11/16/16 meeting Ms. Feltovic makes a motion to grant the continuance to the 11/16/16 meeting Mr. Manzi seconds the motion Vote: unanimous Document: E/Mail from Susan Mesiti Real Estate Results, Inc. request for a continuance to the November 16, 2016 meeting dated October 26, 2016 242-1507, COC Request, 169 Gray Street (Murphy) (Merrimack Engineering Services, Inc.) The Administrator reviews the recommendation to issue the COC written by the Field Inspector. She states the revised plan has been received and there are only minor discrepancies. There is discussion of the wall. Mr. Manzi makes a motion to issue a full and final COC. Ms. Feltovic seconds the motion. Vote: unanimous Documents: Letter prepared by Merrimack Engineering Services, Inc. request for Certificate of Compliance dated October 7, 2016 WPA Form 8A-Request for Certificate of Compliance Copy of Town Check AS-Built Plan prepared by Merrimack Engineering Services, Inc. dated June 20, 2016, revised dated October 6, 2016 Photos prepared by the North Andover Conservation Department dated October 25, 2016 242-1667, COC Request, 700 Middleton Street (Fischer) (Northeast Classic Engineering) (cont. from 10/12/16) The Administrator states the stone required to stabilize the edge of the driveway has not been placed. Ms. Feltovic makes a motion continue the meeting to 11/16/16 Mr. Manzi seconds the motion Vote: unanimous Document: E/Mail from Mr. Fischer of 700 Middleton Street request for a continuance to the November 16, 2016 meeting dated October 26, 2016 A motion to adjourn the meeting at 9:20 p.m. is made by Mr. Lynch and seconded by Ms. Feltovic. Vote: unanimous