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HomeMy WebLinkAbout2017-03-08 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes March 8, 2017 Members Present: Louis A. Napoli, Chairman, Joseph W. Lynch, Jr., John T. Mabon, Deborah A. Feltovic, Sean F. McDonough (8:15 p.m.), Douglas W. Saal. Staff Member Present: Jennifer A. Hughes, Conservation Administrator Members Absent: Albert P. Manzi, Jr. Meeting came to Order at: 7:03PM Quorum Present. Pledge of Allegiance Public Hearings: 7:04PM Open Space Acknowledgement of Baseline Documentation Nan-E. Lenard Conservation Restriction  Vanessa Johnson Hall from Essex County Greenbelt Association (ECGA) present the report documenting current conditions on the Leonhard Farm property.  Mr. Lynch asks if there are any encroachments or violations.  Ms. Johnson-Hall states there are none.  Mr. Lynch makes a motion to acknowledge the baseline documentation report and authorize the chairman to sign the Acknowledgement form.  Ms. Feltovic seconds the motion.  Vote: Unanimous Documents:  Prepared by Essex County Greenbelt Association baseline inspection dated December 9, 2016  Grantor North Andover Boxford Realty Trust George Leonard and Byron Leonard, Trustees recorded January 12, 2017  1. Acknowledge of Baseline Documentation prepared by the Essex County Greenbelt Association  2. Copy of the Recorded CR prepared by the Essex County Greenbelt Association  3. USGS Topographic Map prepared by the Essex County Greenbelt Association  Aerial Photograph prepared by the Essex County Greenbelt Association  Natural Resource Maps prepared by Essex County Greenbelt Association  Survey Plan prepared by the Essex County Greenbelt Association  4. Description of the Premises prepared by Essex County Greenbelt Association  5. Conservation Restriction (CR) Abstract prepared by the Essex County Greenbelt Association  6. Baseline Photographs prepared by the Essex County Greenbelt Association  Photograph Affidavit prepared by the Essex County Greenbelt Association  7. Preparer’s Affidavit prepared by the Essex County Greenbelt Association  8. Deeds and Easements prepared by the Essex County Greenbelt Association  9. Forest Management Plan prepared by the Essex County Greenbelt Association Discussion CPA application for Fish Place – Discussion (Essex County Greenbelt Association)  The Administrator presents the location of the property and a brief description of the resources.  Vanessa Johnson-Hall of Essex County Greenbelt Association presents an aerial plan/photo of the property. She details how the property connects to other open space including the ECGA Farnsworth Reservation and Foster Farm.  Mr. Lynch asks about the timing.  Mr. Mabon points out that the warrant closes in the next few weeks. He asks if Greenbelt is seeking a CR or permanent protection.  Ms. Johnson-Hall states ECGA would be seeking to purchase the property. She states this would be a collaboration between the town and ECGA.  Mr. Mabon asks if Greenbelt would be providing any of the funding.  She states they would provide some funding. She points out that Mosquito Brook is the southern property boundary.  Ms. Feltovic asks if the purchase would be this year.  Ms. Johnson-Hall states yes.  Mr. Lynch asks if town ownership is required if CPA funds are used.  Ms. Johnson-Hall states it only needs to be an ownership interest so the town could hold the conservation restriction (CR).  Mr. Mabon makes a motion to authorize the chair to sign a support letter in favor of the CPA application.  Mr. Saal seconds the motion.  Vote: Unanimous. Request for Determination of Applicability 1160 Great Pond Road (Brooks School) (Whitman & Bingham) (cont. from 2/22/17)  Anthony Cleaves of Whitman & Bingham presents the revised plan. He states that the stockpile area is shown. He states only clean fill will be brought to the site and a geo- technical engineer will review all soils before they are placed.  Mr. Lynch states the new grading looks ok. He asks if any additional plan changes are expected from Planning.  The Administrator states not likely.  Mr. Napoli has concerns about the contractor opening up the entire site. He wants the construction schedule reviewed at the pre-construction meeting.  Mr. Cleaves states he expects a June start.  The Administrator reviews her recommended conditions including erosion controls, pre and post construction inspections and copies of all Planning monitoring reports  A motion to issue a negative #3 determination with the above listed conditions is made by Mr. Mabon and seconded by Ms. Feltovic.  Vote: Unanimous Document:  Erosion Control Plan prepared Whitman & Bingham Associates dated January 13, 2017, revised February 2, 2017, revised February 7, 2017, revised March 1, 2017 Abbreviated Notice of Resource Area Delineation 242-1701, #0 Foster Street (Manzi) (Williams & Sparages, LLC)  The hearing is officially opened.  The Administrator states the applicant has requested the matter be continued to 3/22/17.  A motion to continue the hearing to the 3/22/17 meeting is made by Ms. Feltovic and seconded by Mr. Mabon.  Vote: Unanimous Documents:  E/Mail prepared by Williams & Sparages, LLC request for a continuance to the March 22, 2017 meeting dated March 6, 2017 Notice of Intent (NOI) 242-1689, Salem Street (Lots 1-3) (Livingstone Development Corporation) (Norse Environmental Services, Inc.) (cont. from 2/22/17)  The Administrator reviews the decisions made by the Planning Board at their recent meeting.  Philip Christiansen of Christiansen & Sergi, Inc. presents the plan presented to the Planning Board that showed an alternative that flattens out the proposed drives. This plan results in more disturbance.  Mr. Lynch states he believes the applicant has made concessions to improve this project.  The Administrator reiterates her concerns about the formal delineation of off-site wetlands especially a newly discovered isolated area that could be an Ephemeral Pool.  Mr. Christiansen states the wetland associated with Webster Woods is a toe of slope wetland and is unlikely to have changed.  The Administrator states the Planning Board has required a Land Disturbance Permit and changes could result from that process.  Mr. Saal asks why that permit was not filed for earlier to provide for concurrent review.  Mr. Lynch asks about the permit process.  The Administrator states without a confirmed wetland delineation there is no record plan for an Order to issue.  Mr. Lynch clarifies that the plan the commission has before it tonight is an alternative that was presented to the Planning Board.  Mr. Mabon states it appears some of the Administrators requests have been ignored.  Mr. Christiansen states Riverfront changes were made.  Mr. Mabon and Mr. Lynch discuss the permitting process around the Land Disturbance Permit.  Mr. Napoli discusses the drainage.  The Administrator offers a path to closing the hearing.  Mr. Christiansen states the Planning Board agreed on a design last night.  The Administrator states that is not the plan before the commission tonight.  The commission discusses the off-site wetlands and conditioning confirmation.  Mr. Napoli states his main concern is the driveways.  A motion to continue the public hearing to the 3/22/17 meeting is made by Ms. Feltovic and seconded by Mr. Mabon.  Vote: unanimous Document:  Site Plan for Notice of Intent prepared by Christiansen & Sergi, Inc. dated October 3, 2016, revised December 28, 2016, revised February 17, 2017 242-1699, 1 High Street (RCG North Andover Mill, LLC) (cont. from 2/22/17)  The Administrator presents two new memos submitted by the applicant.  David Steinberg of RCG updates the commission on the work done including installation of the new pipes between the pond and the mill building. He states the plans are complete.  Mr. Lynch asks about the need for an Army Corp of Engineers permit.  David Giangrande with Design Consultants, Inc. states they submitted for Self-Verification after an email and phone call to the agency. He discusses other permits that were considered but not needed because thresholds are not exceeded.  The Administrator states there were many submittals. She states the applicant has taken the recommendation to monitor the pipes through the use of cameras.  Mr. Mabon asks if the structures will be precast or cast in place.  Mr. Mabon makes a motion to approve the requested waivers.  Ms. Feltovic seconds the motion.  Vote: unanimous  A motion to close the public hearing and issue an Order in 21 days is made by Mr. Mabon and seconded by Ms. Feltovic.  Vote: unanimous Document:  Memorandum prepared by Design Consultants, Inc. East Mill Culvert dated March 6, 2017  Letter prepared by RCG North Andover Mill , LLC dated March 7, 2017 242-1696, 50 Royal Crest Drive (Bio-Retention) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 2/22/17)  Kenneth Lania of Cornerstone Land Consultants, Inc. summarizes the discussion from last meeting. He states the commission wanted to be certain the Administrator did not have any additional concerns about the trees to be removed. She states a preconstruction site walk can be done to determine what trees can be preserved.  The commission discusses the type of fence around the basin. The property management company would like stockade. The commission prefers 4’ chain link, black coated is acceptable.  A motion to grant the requested waivers is made by Ms. Feltovic and seconded by Mr. Mabon.  Vote: 5 in favor, 1 abstention (Mr. McDonough – arrived mid hearing). Document:  Site of site-inlets Plan prepared by Cornerstone Land Consultants, Inc. dated June 15, 2016, revised January 18, 2017, revised March 6, 2017 242-1700, 203 Cotuit Street (Deschamp) (Norse Environmental Services, Inc.) (cont. from 2/22/17)  The applicant requests a continuation to the April 12, 2017 meeting.  A motion to continue the hearing to the April 12, 2017 meeting is made by Ms. Feltovic and seconded by Mr. Mabon.  Vote: unanimous Document:  E/ Mail prepared by Norse Environmental Services, Inc. request for a continuance to the April 12, 2017 meeting dated March 6, 2017 242-1697, 315 South Bradford Street (Smolak Farms) (Civil Design Group, LLC) (cont. from 2/22/17)  Philip Henry of Civil Design group presents the proposal for site improvements at Smolak Farms. He states Mr. Smolak would like to create a permanent pad at the function area. Mitigation is proposed in the prior footprint of the event tent. The footprint will be outside the No-Disturb Zone. Stormwater will be captured with a French drain. There will be sand between the paving blocks. An 8’ walkway will be added as well. This will not change the use and will make the site more attractive.  Carl Wighardt of 790 Dale Street, an abutter to the project, states he was not allowed to put a fence close to the wetlands on his property.  Mr. Lynch states he was not aware there was a tent out there.  The Administrator describes the evolution of the farm uses of this area.  Mr. Henry describes the current deck on the property.  The commission discusses that the project is not approvable as proposed.  Mr. Napoli states structures are within the 50’ No-Build Zone.  Mr. McDonough states an alternatives analysis is needed.  Mr. Henry goes on to describe the improvements at the farm stand. This includes a new greenhouse structure and paving and striping of 22 spaces in the existing gravel parking area. A trench drain is proposed which will discharge to a deep sump catch basin with a hood. The grate will only be for observation purposes.  Mr. Lynch worries water will sheet across the trench drain. He would like more site specific details for the drain. He would like to see a water quality structure with a level spreader.  Mr. Mabon echoes Mr. Lynch’s concerns. He applauds the No-Disturbance Zone restoration. He would like to see the discharge from the catch basin pulled back. He would like to see the parking near the dumpster kept out of the 50’ No-Build Zone.  The commission discusses snow storage and de-icing.  Mr. Lynch states stormwater volume is not an issue.  Mr. Henry states a proprietary device could be used with a better outfall.  Mr. Lynch suggests a gravel strip before the trench drain. He recommends a guardrail to prevent vehicle entry into the area.  Mr. Henry advises against the guardrail. He worries a gravel strip could become depressed over time. He states the drain is designed for H2 loading.  Mr. McDonough reiterates that a structure in the No-Build zone needs an alternatives analysis.  A motion to continue for additional information (agreed to by the applicant’s representative) is made by Mr. Mabon and seconded by Ms. Feltovic.  Vote: unanimous Documents:  Application Checklist-Notice of Intent  WPA Form 3-Notice of Intent  Letter prepared by Civil Design Group, LLC minor site improvements dated December 7, 2016  General Information  Signatures and Submittal Requirements dated December 6, 2016  NOI Wetland Fee Transmittal Form  Copy of State and Town Checks  Hydraflow Storm Sewer Extension prepared by Civil Design Group, LLC dated December 2, 2016  Project Information prepared by Giattino Design dated February 15, 2016, revised February 25, 2016  Letter prepared by Norse Environmental Services, Inc. delineation the wetland area on the farm where you are proposing additional work dated April 22, 2016  Town of North Andover Board of Assessors prepared by the North Andover Assessors Department dated January 1, 2016 Fiscal Year 2017 Property Maps  Figure -1 USGS Aerial Plan prepared by Civil Design Group, LLC dated December 5, 2016  NHESP Estimated Habitat of rare wildlife prepared by Civil Design Group, LLC dated December 5, 2016  Photos of Smolak Farms prepared by Civil Design Group, LLC dated September 30, 2016  Operation and Maintenance Plan prepared by Civil Design Group, LLC dated December 2, 2016  Site Plan prepared by Civil Design Group, LLC dated December 2, 2016 General Business: 242-1523, COC Request, 273 Berry Street (Seidel)  The Administrator states the commission approved an after the fact modification for a patio at the last meeting and can now approve the Certificate of Compliance.  A motion to issue a full and final COC is made by Mr. Mabon and seconded by Ms. Feltovic.  Vote: unanimous Documents:  Letter prepared by Christiansen & Sergi, Inc. dated April 15, 2014  Conservation As-Built Plan dated November 6, 2013, revised January 3, 2014, revised February 11, 2014, revised January 12, 2017 242-1646, Modification Request, 1 High Street-East Mill Pond (RCG North Andover Mills, LLC) (Solitude Lake Management)  A motion to approve the modification to use a new herbicide in the East Mill Pond is made by Mr. Mabon and seconded by Ms. Feltovic.  Vote: unanimous Documents:  Letter prepared by Solitude Lake Management minor modification request for the Order of Conditions issued for the management of nuisance aquatic vegetation in East Mill Pond  Narrative of Requested Changes dated February 13, 2017 242-1592, Pleasant Street Stevens Pond (North Andover Division of Public Works) (Solitude Lake Management)  A motion to grant a one year extension for the Order of Conditions issued to DPW for vegetation management on Stevens Pond is made by Mr. Mabon and seconded by Ms. Feltovic.  Vote: unanimous Document:  Letter prepared by Solitude Lake Management requesting a one year extension to the current Order of Conditions 242-1592 for the continued maintenance of the aquatic vegetation in Stevens Pond dated February 15, 2017 Discussion 40R Zoning – OSGOD Committee  Mr. Mabon has been representing the commission on the Osgood Smart Growth Overlay District Committee. He updates the commission on the recommendations to be made to the Board of Selectmen. They are: o Do nothing and leave district in place o Rescind the overlay (payment made to the town would need to be refunded) o Moratorium  A 2/3 majority would be required to rescind A motion to adjourn the meeting at 9:35 was made by Ms. Feltovic and seconded by Mr. Mabon. Vote: Unanimous