HomeMy WebLinkAbout2017-02-08 Conservation Commission Minutes
North Andover Conservation Commission Meeting Minutes
February 8, 2017
Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman,
Joseph W. Lynch, Jr., Deborah A. Feltovic, John T. Mabon, Douglas W. Saal.
Member Absent: Sean F. McDonough.
Staff Member Present: Jennifer A. Hughes, Conservation Administrator
Pledge of Allegiance
Meeting came to Order at: 7:05PM Quorum Present.
Approval of Minutes of 1/25/17
A motion to accept the meeting minutes of 1/25/17 as drafted and reviewed is made by Mr.
Manzi and seconded by Ms. Feltovic.
Vote: Unanimous
Request for Determination of Applicability
1160 Great Pond Road (Brooks School) (Whitman & Bingham Associates)
Paul Griffin and Normand Grenier of Brooks School, Anthony Cleaves, P.E. of Whitman &
Bingham Associates and Andrew Leonard of A.T. Leonard & Associates are present to
present the proposal.
Mr. Cleaves presents an overview of the campus and orients the commission to the Arts
Building where new construction will generate excess fill that will be brought to the soccer
fields and graded. He states the Arts Center is more than 100’ from a wetland between Great
Pond Road and the tennis courts. The wetlands were delineated to show the buffer for the
Watershed Protection District. They are over 400’ from the project site. He states the existing
soccer fields are near Campion Road. They will be regraded within the existing footprint.
The fields are 50-70’ away from the delineated wetlands. Mr. Cleaves states erosion controls
in the form of straw wattles and silt fence are proposed. The slopes will not be too steep.
Approximately 10-15%. Eggleston Environmental has reviewed the proposal and the
majority of her comments have been addressed.
Mr. Lynch asks about the process. He asks if topsoil will be stripped and the fill brought in.
He also asks about the acreage and the need for a SWPPP.
Mr. Cleaves states that the area is approximately 2-2.5 acres and that a SWPPP will be
required. Soils will be stockpiled at the fields. He states the soils could be stored in the upper
left corner of the field far from the wetlands with erosion control surrounding.
Mr. Lynch asks about the depth of organic material on the site.
Mr. Leonard states that it varies. He estimates 6-12” in some areas 2-2.5” on the west side.
The proposal is to put in the common fill then 6-12” of organic on top.
Mr. Lynch asks about the timing of the work, specifically the time of year it will be done.
Mr. Leonard states work would start in the summer when school is out. Ideally around June
5.
Mr. Lynch asks where the break in slope is for work that drains to the lake.
Mr. Mabon confirms that the arts building is outside the 100’ Buffer Zone. He also asks if the
straw wattle and silt fence would be the limit of work.
Mr. Cleaves states that they hope to keep the work 75’ from the wetlands.
Mr. Manzi asks about the Eggleston Environmental review and the Planning Board
permitting. He believes the commission should wait until the Planning Board has reviewed
the project.
Mr. Napoli asks about the erosion potential. He also has concerns about scheduling.
Mr. Cleaves states the finished slope will be approximately 10:1. The slope is now 15:1. The
project will level the field the slope will go from 6% to 10% on the downhill side of the
fileld.
Mr. Napoli states he would like to see the designated stockpile area on the plan.
The Administrator asks if the erosion control is proposed along the length of the swale that
runs parallel to Campion Rd.
Mr. Cleaves states it does.
Ms. Feltovic asks about Eggleston Environmental comments.
Mr. Lynch asks about the profile of the soils.
Mr. Cleaves states the land is primarily loam with till below.
Mr. Lynch asks about revegetation.
Mr. Leonard states the area would be hydro-seeded around September. The disturbance
would be approximately 2.5 months. He states disturbance could be minimized. This could
be put in the construction documents.
The Administrator discusses the process for closing the hearing.
Mr. Lynch states he would like to see the record drawings updated.
Mr. Napoli calls for abutters. There are none.
A motion to continue the public hearing to the February 22, 207 meeting 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
Narrative
General Construction Schedule
Locus Aerial Map prepared by Whitman & Bingham Associates dated January 10, 2017
Google Aerial Map NHESP prepared by Whitman & Bingham Associates dated 2014-2016
Notification to Abutters Form
Certified Abutters List prepared by the Town of North Andover Assessors Department dated
January 10, 2017
Pre-Subwatershed Delineation Plan prepared by Whitman & Bingham Associates dated
January 13, 2017, revised dated February 2, 2017, revised dated February 7, 2017
Materials provided at meeting: Color drawings titled “Brooks School-Center for the Arts”
dated February 8, 2017. Sheets: Proposed Improvements in Context, Existing Conditions,
Proposed Site Plan, Proposed Site Plan w/Existing Conditions in Red, Wetland Location
Plan, Erosion Control Plan
724 Sharpeners Pond Road (Stinson)
Brian Stinson, homeowner, and Bob Mansur, representative, are present for the hearing.
Mr. Mansur presents the proposal to construct a 3-season room in the footprint of the existing
deck on the existing supports. Stairs will be in the same location as the existing deck stairs. A
new landing on two sono-tubes will be needed. Land disturbance will be minimal.
Mr. Lynch confirms the structure will be entirely within the existing footprint.
The commission discusses the changes that need to be made to the plan to reflect the
ephemeral pool on site.
Mr. Mabon states the existing deck will remain in place and asks if the room will be heated.
Mr. Mansur states no.
A motion to issue a negative #3 determination with requirement for a post construction
inspection (no erosion control required) with wetland markers to be placed at the No-
Disturbance Zones is made by Ms. Feltovic and seconded by Mr. Mabon. The motion is
amended to have the determination issue after receipt of the revised plan.
Vote: Unanimous
Documents:
Application Checklist-Request for Determination of Applicability
WPA Form 1-Request for Determination of Applicability
Project Description
Copy of Town Check
Signatures and Submittal Requirements
Notification to Abutters Form
Certified Abutters List prepared by the North Andover Assessors Department dated January
27, 2017
Plot Plan of Land prepared by David P. Terenzoni, P. L. S. dated December 13, 2016,
revised dated January 31, 2017
Photos prepared by the North Andover Conservation Department February 3, 2017
Abbreviated Notice of Resource Area Delineation
242-1698, 865 Johnson Street (Resca) (Merrimack Engineering Services, Inc.) (cont. from
1/25/17)
The Administrator presents the revised plan.
The commission discusses how the ORAD addresses the debris in the wetland.
A motion to adopt the ORAD as drafted is made by Mr. Lynch and seconded by Mr. Manzi.
Vote: Unanimous
Documents:
Facts & Findings Letter prepared by the North Andover Conservation Department dated
February 2, 2017
Topographic Plan of Land prepared by Merrimack Engineering Services, Inc. dated
December 22, 2016, revised January 31, 2017
Notice of Intent (NOI)
242-1689, Salem Street (Lots 1-3) (Livingstone Development Corporation) (Norse
Environmental, Inc.) (cont. from 1/25/17)
The Administrator states the Planning Board cancelled their meeting due to a storm so the
applicant has requested to continue this hearing to 2/22/17.
A motion to continue the public hearing to 2/22/17 is made by Mr. Lynch and seconded by
Mr. Manzi.
Vote: Unanimous
Document:
E/Mail prepared by Christiansen & Sergi, Inc. requesting a continuance to the February 22,
2017dated February 8, 2017
242-1699, 1 High Street (RCG North Andover Mill, LLC) (Design Consultants, Inc.)
David Steinbergh and Tania Hartford of RCG North Andover Mill, LLC, Michael Clark of
DCI, and Julie Vondrak, project environmental monitor present the current plans.
Mr. Steinbergh reviews the work that has been done to date under the Emergency Certificate
issued by the Commission. There is currently an 18” HDPE tied into the existing culvert.
Two 48” pipes are available and will be installed in 20’ sections. He states there are good site
controls and erosion controls. The Notice of Intent was filed but the Emergency Cert will run
out. Mr. Steinbergh introduces Mr. Clark to present the NOI plan.
Mr. Clark explains the existing system including the cast in place concrete structure and two
ductile iron pipes at the outlet. They are currently pumping the pond into this structure to
maintain the water level. A plunge pool was originally proposed to outlet the pond now there
is a precast structure proposed. A 2007 delineation shows only Bank, no BVW.
Mr. Lynch asks about the hydraulic evaluation to maintain the mean pond elevation and
handle flashpoint events. He states 48” pipes will move a lot of water. He states they will
never flow full.
Mr. Clark confirms.
Ms. Vondrak states in 2007 a new structure was proposed and no army corp permit was
required because of the water dependent use. No 401/404 permit.
There is discussion of mean lo for the pond and the creation of new bank.
Mr. Mabon asks about the timing of the final design and the work progress.
Mr. Steinbergh believes the final work is 5 weeks out.
The commission and applicant discuss how to proceed.
The Administrator states the Emergency Cert should only be to abate the emergency. She
will explore how the applicant can proceed with the work. There is discussion of issuing a
new Emergency Cert. She recommends outside review of the design to keep the process
moving.
Mr. Napoli states there should not be a separate filing for the pond outlet structure.
The Administrator states she is interested in moving forward with advice from DEP and
outside peer review.
Mr. Lynch states water cannot run through the site that would be catastrophic.
Mr. Saal states the applicant should work diligently and design as fast as possible. The
applicant should not be relying on pumps. He asks about downstream pipe inspections.
Mr. Steinbergh states all downstream pipes have been fully inspected and cleaned.
Mr. Mabon asks if the installation will occur under the NOI.
Mr. Napoli states with outside review the commission could approve the proposal more
quickly.
Mr. Manzi asks if this project is all Mr. Clark is working on.
Mr. Steinbergh states it is their number one priority.
A motion to continue to the 2/22/17 meeting is made by Mr. Lynch and seconded by Mr.
Manzi.
Vote: Unanimous
Documents:
Letter prepared by Design Consultants, Inc. on behalf of RCG North Andover Mill, LLC for
emergency work for building 11 pipes collapsed under the building dated January 27, 2017
Cover Letter prepared by Design Consultants, Inc. dated January 26, 2017
Table of Contents
Application Checklist-Notice of Intent
WPA Form 3-Notice of Intent
General Information
Additional Information
Signatures and Submittal Requirements
Notification to Abutters Form
Certified Abutters List prepared by the North Andover Assessors Department dated January
30, 2017
NOI Wetland Fee Transmittal Form
Figure 1. USGS Topo Mass GIS Oliver Site Location Aerial Map prepared by Design
Consultants, In dated January 2017
Figure 2. NHESP Layer Estimated Habitat Oliver GIS Aerial Map dated 2015
National Flood Hazard Layer FIRMette Aerial Map prepared by Design Consultants, Inc.
dated January 26, 2017
North Andover Conservation Commission Waiver Request Form prepared by Design
Consultants, Inc. dated January 26, 2017
Plan of Land prepared by Design Consultants, Inc. dated January 27, 2016
242-1696, 50 Royal Crest Drive (Bio-Retention) (AIMCO North Andover, LLC)
(Cornerstone Land Consultants, Inc.)
The Administrator presents the review conducted by Eggleston Environmental.
Kenneth Lania of Cornerstone Land Consultants presents the changes he has made to the
plans in response to the review and the reasons he believes the project will function as
designed. He believes that as designed the system will alleviate flooding on the over taxed
drainage system. He states his client does not want to continue the hearing but move forward
with approval of his design.
The Administrator states Ms. Eggleston has concerns because the proposed basin is below
the water table.
Mr. Lania explains how the basin will function. He states 60 trees will be removed but he
states there will be better volume and access to control the water.
Mr. Lynch states this can probably best be worked out with Ms. Eggleston. He suggests the
applicant continue to present his case to her.
Mr. Lania states that the money for this project has been appropriated and needs to be spent
within 3 months. He states Royal Crest is under pressure from the Health Department to
solve building drainage problems. He states the need to have an Order of Conditions by the
next meeting.
The Administrator reminds Mr. Lania that he has not been diligent about pre-construction
and construction monitoring requirements.
Mr. Mabon states there are still concerns expressed by the peer review that need to be
worked out. He would like to see alternatives to the tree removal.
Mr. Napoli agrees with Mr. Mabon that the applicant needs to work out issues with Ms.
Eggleston.
Mr. Lania states it appears one of the major issues could be the trees.
A motion to continue to the 2/22/17 meeting is made by Mr. Lynch and seconded by Mr.
Mabon.
Vote: Unanimous.
Document:
Email from Lisa Eggleston, P.E. dated February 8, 2017
242-1697, 315 South Bradford Street (Smolak Farms) (Civil Design Group, LLC) (Request
to cont. to 2/22/17)
At the request of the applicant, a motion to continue the matter to the meeting on 2/22/17 is
made by Mr. Mabon and seconded by Ms. Feltovic.
Vote: Unanimous
Document:
E/Mail prepared by Civil Design Group, LLC request for a continuance to the February 22,
2017 meeting dated January 19, 2017
Enforcement Order/Violation Letter/Ratify
458 Johnson Street (Finn/Carpenter)
The Administrator recommends revising the violation letter to require an after the fact
Request for Determination of Applicability filing and submission of a planting plan no later
than March 10 for the March 22, 2017 meeting.
The Commission agrees with the approach and asks the Administrator to issue the revised
letter.
Documents:
Violation Letter prepared by the North Andover Conservation Department dated January 27,
2017
Aerial Photo from 2014 attached prepared by the North Andover Conservation Department
dated January 27, 2017
Aerial Photo from 2014 attached Mass GIS prepared by the North Andover Conservation
Department January 27, 2017
889 Johnson Street (Timmons/Edwards)
The Administrator reviews the violation and states she conducted a site visit. She
recommends issuing a revised violation letter requiring the homeowners to file an after the
fact RDA for the clearing and present a planting plan for the 25’ No-Disturbance Zone with
wetland markers. The filing should be received by March 10 for the March 22, 2017 meeting.
The Commission agrees with the Administrator’s recommendation and asks that the revised
violation letter be sent.
Document:
Violation Letter prepared by the North Andover Conservation Department dated January 27,
2017
North Andover MIMAP prepared by the North Andover Conservation Department dated
January 27, 2017
242-1580, COC Request, 1018 Osgood Street (JFJ Holdings, LLC) (MHF Design
Consultants, Inc.) (cont. from 1/25/17)
The Administrator states she is still waiting to hear if the project is closed out with the
Planning Board. The applicant requests a continuance to the 2/22/17 meeting.
A motion to continue the matter to the 2/22/17 meeting is made by Ms. Feltovic and
seconded by Mr. Manzi
Vote: Unanimous
Document:
E/Mail prepared by MHF Design Consultants, Inc. request for a continuance to the February
22, 2017 dated February 8, 2017
242-1639, Modification Request, 351 Willow Street South (Muffin Realty Trust) (The
Morin-Cameron Group, Inc.)
John Morin of the Morin-Cameron Group presents the proposed modification to add a new
sewer line within pavement to connect to an existing line. He state the proposal was
originally to connect to a line that runs through a grease trap and this is not necessary. He
states additional silt fence will be installed to protect the wetland along the drive. He states
the work will be done in August to avoid the need to dewater. If dewatering is needed it will
be outside the 100’ Buffer Zone.
A motion to issue the modification as proposed is made by Ms. Feltovic and seconded by Mr.
Lynch.
Vote: Unanimous
Documents:
Letter prepared by The Morin-Cameron, Group, Inc. request a modification for a new sewer
line dated February 1, 2017
Site Plan of Land prepared by The Morin-Cameron Group, Inc. dated January 30, 2017
Emergency Certificate
350 Winthrop Avenue (Dynic Waste/Response Environmental, Inc.)
A motion to ratify the drafted Emergency Cert is made by Mr. Manzi and seconded by Ms.
Feltovic.
Vote: Unanimous
Documents:
E/Mail prepared by Response Environmental, Inc. dated January 30, 2017
Photos of spill area prepared by Response Environmental, Inc. dated January 27, 2017
A motion to adjourn the meeting at 9:12 p.m. is made by Mr. Saal and seconded by Ms.
Feltovic.
Vote: Unanimous