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HomeMy WebLinkAbout2017-04-12 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes April 12, 2017 Members Present: Albert P. Manzi, Jr., Chairman, Joseph W. Lynch, Deborah A. Feltovic (arrived at 7:06 p.m.), Sean F. McDonough, Douglas W. Saal. Members Absent: Louis A. Napoli, Chairman, John T. Mabon. Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:05PM Quorum Present Approval of Minutes  A motion to accept the meeting minutes of 3/8/17 as drafted and revised is made by Mr. McDonough, seconded by Mr. Lynch.  Unanimous. Pledge of Allegiance Public Meeting: 7:08PM Small Projects NACC#185, 78 Great Pond Road (TKZ LLC)  The applicant Thomas D. Zahoruiko presents the proposal to convert a deck over a patio into living space. He states no new supports will be needed. He also wishes to install a patio with a stone infiltration trench.  The Administrator states the area behind the No-Disturbance wall is being mowed.  Mr. Manzi states mowing meadow habitat is a standing tradition.  The Administrator asks about the infiltration.  Mr. Zahoruiko states there will be less runoff after the project is complete. The new enclosed deck roof runoff will go into an infiltrator.  A motion to accept as a small project 4.4.2 L is made by Mr. Lynch, seconded by Ms. Feltovic.  4 in favor 1 opposed  A motion to approve the project as proposed with a post construction inspection required and no further mowing of the No-Disturbance Zone.  Vote 4 in favor 1 opposed Documents:  Application Checklist-Small Project  Small Project Procedures  Copy of Town Check  Letter Narrative Description/Scope of Work dated March 25, 2017  Sketched Plan prepared by TKZ LLC dated March 25, 2017  As-Built Plan of Land proposed deck patio and room conversion prepared by TKZ LLC dated March 25, 2017  Photos prepared by TKZ LLC dated March 25, 2017 NACC#186, 315 Abbott Street (Freese)  Marjorie Rothschild presents the proposal to install a 4’ high fence.  Mr. Manzi asks the distance from the fence to the vernal pool.  The Administrator states the vernal pool is more than 100 feet away.  Mr. Lynch states the commission typically requires fences to be at least 6” off the ground to allow a path for migration. The applicant proposes a “puppy guard” that would extend to the ground. He states in this case the only migration path would be to the road.  A motion to accept the proposal as a small project 4.4.2 H is made by Mr. Lynch, seconded by Mr. McDonough.  Vote unanimous.  A motion to approve the small project as proposed with a condition for a post construction inspection is made by Mr. Lynch and seconded by Mr. McDonough.  Vote: unanimous Documents:  Application Checklist-Small Project  Small Project Procedure  Copy of Town Check  Narrative Description/Scope of Work  As-Built Plan prepared by D. C. MacRitchie, Inc. dated November 8, 2013 Request for Determination of Applicability 380 Winter Street (Bannister) (Elliot Brundage Landscape Design)  Elliot Brundage of Brundage Landscape Design presents the proposal to replace the existing driveway and add a new retaining wall and turn around area.  The Administrator states she reviewed the wetland line today and the line shown on the plan is from an older filing and is not correct. There is some restoration proposed in the wetland area that is currently lawn.  Mr. McDonough asks the year the delineation was done.  The commission does not have any additional feedback on the project without a wetland line.  A motion to accept the request for a continuance to the April 26, 2017 is made Mr. Lynch, seconded by Mr. McDonough.  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 prepared by Elliot Brundage Landscape Design dated March 23, 2017  Copy of Town Check  Oliver Mass GIS Online Mapping prepared by Elliot Brundage Landscape Design dated March 15, 2017  Notification to Abutters  Certified Abutters List prepared by the North Andover Assessors Department dated March 15, 2017  North Andover MIMAP prepared by Elliot Brundage Landscape Design dated March 15, 2017  Letter Landscaping Project Narrative prepared by Elliot Brundage Landscape Design dated March 16, 2017  Topographic Plan of Land prepared by Merrimack Engineering Services, Inc. dated June 30, 2016  Existing Conditions Plan prepared by Elliot Brundage Landscape Design dated December 5,  2016  North Andover MIMAP prepared by the North Andover Conservation Department dated April 12, 2017 325 Abbott Street (Vorrasi)  Thomas Vorrasi of 325 Abbott Street presents the proposal to install a patio approximately 53- feet from resource areas. A stone retaining wall will be installed to make room for the patio.  There are no comments.  The Administrator recommends conditions for erosion control and staking of the patio prior to construction. She also recommends pre and post construction inspections.  A motion to issue negative determination #3 with recommendations from the agent is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Application Checklist-Request for Determination of Applicability  WPA Form 1-Request for Determination of Applicability  Project Description  Copy of Town Check  Notification to Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated April 3, 2017  Signatures and Submittal Requirements dated March 29, 2017  Narrative for installation of a patio March 29, 2017  As-Built Plan prepared by D. C. MacRitchie, Inc. dated September 14, ,2014 265 Blueridge Road (Hutchins)  The Administrator states the wetland has been reflagged and reviewed.  Vern Chellberg of Ivy Studio Design presents the proposed project. He states the existing pool will remain with new decking and additional patio. All work is within the existing fence.  Mr. Lynch asks if the pool filtration system will change.  Mr. Chelberg states there will be no change.  Mr. Lynch states there should be no backwash to wetlands or the street drainage system.  Mr. McDonough asks about work proposed off-site.  Mr. Chellberg states there is a grandfathered easement.  Mr. Saal asks if there is something in writing about ownership.  Mr. Lynch states there is no determination of ownership.  A motion to issue a negative determination #3 with conditions is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Application Checklist-Request for Determination of Applicability  WPA Form 1-Request for Determination of Applicability  General Information  Notification of Abutters Form  Project Description  Certified Abutters list prepared  Signatures and Submittal Requirements  MIMAP North Andover Aerial Photo dated March 30, 2017  Existing Conditions Plan prepared by S. E. C. & Associates, Inc. dated March 29, 2017  Photos prepared by the North Andover Conservation Department dated April 10, 2017  Mass GIS prepared by the North Andover Conservation Department dated 1990’s 49 Bruin Hill Road (Azzarello)  Dan Azzarello of 49 Bruin Hill Road presents the construction of a patio after the fact.  The Administrator states the field inspector reviewed the site with the new owners previously when they wanted to remove some fallen trees. The Administrator subsequently visited the site when some fill was being deposited in the Buffer Zone. It has since been removed. She states the patio is approximately 89’ from the wetland.  Abutter Bonnie Wilkinson and Abutter Mr. Leonard presents their concerns about the work that was done close to their property. Ms. Wilkinson states the fill was an attempt to fix an erosion issue caused by the fill that was placed for the patio.  The Administrator states all material was placed outside the 25’ No-Disturb Zone.  Mr. Azzarello states there will be no additional cutting and he knows he will need additional permits if he does more work. He will add more seed mix for erosion.  A motion to issue a negative determination #3 with post construction meeting after wetland markers are installed is made by Mr. McDonough, 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  Notification to Abutters Form  Certified abutters list prepared by the North Andover Assessors Department dated March 31, 2017  Signatures and Submittal Requirements prepared by Daniel Azzarello  North Andover MIMAP prepared by Daniel Azzarello dated March 18, 2017 Abbreviated Notice of Resource Area Delineation 242-1701, 0 Foster Street (Manzi) (Williams & Sparages, LLC) (cont. from 3/22/17) (Request to Withdraw)  Mr. Manzi recuses himself.  A motion to accept the withdrawal is made by Mr. Saal, seconded by Mr. McDonough.  Vote unanimous. Documents:  Letter prepared by Williams & Sparages, LLC request to withdraw dated April 11, 2017 242-1704, 189 Willow Street (Tanner) (Merrimack Engineering Services, Inc.)  The Administrator reviews the history of the site. Is was previously cleared under another filing. Topsoil was removed but never replaced and portions of the site reverted to wetland.  Patrick Seekamp of Seekamp Environmental Consulting, Inc. presents his delineation and findings.  Mr. Lynch states he is not as concerned about the isolated disturbed areas.  Mr. Seekamp states the site is highly disturbed. The delineation of the isolated areas expanded after review with the Administrator.  Mr. Manzi states delineation is a scientific process and he would like to see the areas delineated in accordance.  Mr. Seekamp states the isolated areas are not state jurisdictional so there is some subjectivity allowed for the commission especially since the area is highly disturbed and there is high groundwater. He requests the commission visit the site.  Mr. Manzi states the matter will need to continue for further delineation of the isolated areas.  Mr. Seekamp requests two additional weeks.  Mr. Saal states the site should remain vacant and not be built on.  A motion to grant the request for a continuance to the April 26, 2017 meeting is made by Ms. Feltovic, seconded by Mr. Saal.  Vote unanimous. Documents:  Application Checklist-Abbreviated Notice of Resource Area Delineation  WPA Form 4A-Abbreviated Notice of Resource Area Delineation  General Information  Area(s) Delineated  Signatures  Locus Aerial Map dated March 3, 2017  Mass GIS online Mapping Tool dated March 3, 2017  ANRAD Wetland Transmittal Form  Submittal Requirements  Copy of State and Town Check  Notification to Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated February 28, 2017  Plan of Land prepared by Merrimack Engineering Services, Inc. dated November 10, 2016 Notice of Intents (NOI) 242-1700, 203 Cotuit Street (Deschamp) (Norse Environmental Services, Inc.) (cont. from 3/8/17)  A motion to grant the request for a continuance to the April 26, 2017 meeting is made by Mr. McDonough and seconded by Ms. Feltovic.  Vote unanimous. Document:  E/Mail prepared by Bob Douglas request for a continuance to the April 26, 2017 dated April 7, 2017 242-1689, 1975 Salem Street (Lots 1-3) (Livingstone Development Corporation) (Norse Environmental Services, Inc.) (cont. from 3/22/17)  The Administrator states the matter is ready to close.  Mr. McDonough ask if there are any waivers requested and if there will be permanent monumentation.  The Administrator states none proposed..  A motion to close and issue a decision within 21 days is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Site Plan for Notice of Intent prepared by Christiansen & Sergi, Inc. date October 3, 2016, revised December 28, 2016, revised February 17, 2017, revised March 30, 2017, revised April 7, 2017 242-1697, 315 South Bradford Street (Smolak Farms) (Civil Design Group, LLC) (cont. from 3/22/17)  H Michael Smolak of Smolak Farms presents the planting plan and monumentation fence.  Administrator states Mr. Smolak has agreed to extend the planting along the entire No-Disturb Zone.  A motion to close and issue a decision within 21 days is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Site Plan prepared by Civil Design Group, LLC dated December 2, 2016, revised March 3, 2017, revised March 28, 2017 242-1703, 1099 Salem Street (Kindred Homes, Inc.) (Marchionda Associates, L. P.) (cont. from 3/22/17)  Craig Marchionda of Marchionda Associates, L. P. presents the changes to the plan. He states the erosion control has been upgraded to 12” wattles backed by trenched siltation fence. He presents the three alternatives for the driveways. Option 2 would use pervious pavers and option 3 would require a driveway easement. He states the applicant would prefer option 1 or 2.  Mr. Manzi asks if a common drive was considered.  Mr. Marchionda states some commissions do not favor common drives.  Mr. Manzi states all options need to be considered.  Mr. Saal states there are many common drives in town; many on Forest Street.  Mr. Lynch states pervious pavers will need a good sub base and option 3 requires a driveway easement.  Mr. Marchionda states this would be preferred over the common drive option.  Mr. Lynch states this area is glacial till and there is likely a perched water table. He states drainage will be channelized along the drives and there could be wetland impact and icing. He states more thought is required on this; the engineer needs to demonstrate that the BMPs will work.  Mr. Manzi states they applicant needs to control the point source discharge to Salem Street.  Mr. Marchionda states stormwater calcs were sent to the Planning Board.  Mr. Marchionda states upgraded to 12-inch width pipe, driveway alterations contained by lot lines width 10-feet.  Administrator states #1or #2 preferred swale along each driveway minimal detail.  David Kindred, developer, states the driveways have been minimized and elevated slightly to address discharge to Salem Street.  Mr. Manzi states he would like to see zero increase in stormwater runoff.  Mr. Lynch states on a small development like this drainage calcs do not make sense. Commons sense is needed to channel flow in controlled fashion.  A motion to grant the request for a continuance to the April 26, 2017 meeting is made by Mr. McDonough and seconded by Ms. Feltovic.  Vote: Unanimous Document:  Notice of Intent Plan prepared by Marchionda & Associates, L. P. dated March 7, 2017, revised March 29, 2017 242-1702, 315 Turnpike Street (Merrimack College) (VHB, Inc.) (cont. from 3/22/17)  The Administrator states she reviewed the delineation and changes were made. The plan has been updated. She states stormwater is being jointly reviewed with Andover.  A motion to grant the request for a continuance to the April 26, 2017 meeting is made by Mr. McDonough, seconded Ms. Feltovic.  Vote unanimous. Documents:  Letter prepared by VHB, Inc. dated April 11, 2017  Letter prepared by VHB, Inc. Long Term Pollution Prevention Plan dated April 11, 2017  Erosion and Sedimentation Control Plan prepared Huntress Associates, Inc. dated March 1, 2017, revised March 10, 2017, revised April 1, 2017 Open Space/Trial Improvements Foxwood Trail Eagle Scout Project (Vissering) (Trail)  Philip Vissering of 30 Anne Road presents his short trail off Foxwood Drive 1.5 miles Trail Markers will put on the site.  Mr. Manzi asked about the parking for the trail.  Mr. Vissering states parking at the pump station is not allowed. Parking will be on the side of the road. He would like to begin work as soon as Saturday. He states the boardwalk to access the trail will be constructed when approved.  A motion to issue friendly Enforcement Order to approve minor clearing for the trail is made by Mr. Lynch, seconded by Mr. McDonough.  Vote unanimous. Documents:  Eagle Scout Service Project Workbook prepared by Phillip Edward Vissering dated October 2015 Foxwood Trail Work Foxwood Trail Eagle Scout Project (Passariello) (Boardwalk)  Anthony Cutler Passariello of 612 Salem Street presents his minimal impact boardwalk to start the new Foxwood Road trail over a small wetland area. He states no footings will be laid in the wetland.  Mr. Lynch asks if there is any chance the boardwalk could float away.  Mr. Passariello states this is a slow moving wet area and there will be concrete footings to keep it anchored. A kiosk will also be constructed.  A motion to issue a friendly Enforcement Order to install the boarwalk is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Document:  Eagle Scout Service Project Proposal prepared by Anthony Cutler Passariello dated October 2015 Foxwood Trail Boardwalk Trail Improvement Project Carter Hill Highland Trail Boardwalk (Friends of North Andover Trials)  Rob Jones of the North Friends of North Andover Trails (FONAT) presents the proposal to install a bog bridge to improve access and prevent erosion on a section of the Highland Trail.  Mr. Manzi asks if mowing to access the area will be required.  Mr. Jones states it is not.  Mr. Lynch thanks FONAT members for their work to keep up the trails.  A motion to issue a friendly Enforcement Order to construct and install a bog at Carter Hill is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  The North Andover Improvement Society and Friends of North Andover Trails Trail Improvement Project dated March 21, 2017  Carter Hill Highland Boardwalk dated March 21, 2017  Overview Proposed Work Enforcement Orders/Violations 124 Bridle Path & 136 Bridle Path & 172 Bridle Path (Tree Cutting)  The Administrator reviews tree cutting throughout the Bridle Path area. Work was done by App Tree of Woburn who was not cooperative when confronted on a site on Great Pond Rd and told to stop work.  Mr. Manzi states Enforcement Orders not necessary for homeowners.  A motion to issue revised violation letters to the three owners requiring restoration as outlined in the recommendations is made by Ms. Feltovic, seconded by Mr. Lynch.  Vote unanimous.  Mr. Manzi states a cease and desist should be sent to App Tree requiring them to get prior permission to cut in North Andover. He states it should be sent return receipt.  Mr. Manzi also asks the Administrator to get license plate information if trucks are seen in town again. Documents:  Violation Letter prepared by the North Andover Conservation Department dated March 27, 2017 for 124 Bridle Path, 136 Bridle Path and 172 Bridle Path  Photos prepared by the North Andover Conservation Department dated March 21, 2017  Photos prepared by the North Andover Conservation Department dated March 27, 2017 General Business 242-1169 & 242-1447, COC Request (Meadows) (Maplewood Reserve/Oakridge Village) (cont. from 3/22/17)  A motion to grant the request for a continuance to the April 26, 2017 is made by Mr. McDonough, seconded by Ms. Feltovic. Document:  E/Mail from Susan Mesiti of Results Realty request for a continuance to the April 26, 2017 meeting dated April 12, 2017 242-1428, Extension Request, Lot 4N-A Turnpike Street (One Hundred Fourteen Trust) (Patrick C. Garner Company, Inc.)  Peter Hingorani of One Hundred Fourteen Trust is present.  Administrator states the applicant refreshed erosion controls and wetland flagging is still present in the field. She recommends a 1 year extension.  A motion to issue one year extension is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote unanimous. Document:  Letter prepared by Timothy Barlow requesting for an extension for 1 year dated April 3, 2017 NACC#123 COC Request, 50 Royal Crest Drive (Building 30) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.)  Administrator states the as-built plans have not been submitted.  A motion to grant the request for a continuance to the April 26, 2017 meeting is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Email from Ken Lania requesting a continuance. 242-1618, COC Request, 50 Royal Crest Drive (AIMCO North Andover LLC) (Cornerstone Land Consultants, Inc.)  Administrator states the as-built plans have not been submitted.  A motion to grant the request for a continuance to the April 26, 2017 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Documents:  Email from Ken Lania requesting a continuance 242-1593, Request Partial Bond Release, 16 Berry Street (North Andover Holding LLC) (LEC Environmental Consultants, Inc.)  The Administrator reviews the bond release request. She states Lisa Eggleston has reviewed the as-built stormwater and is satisfied that it was constructed in compliance and is operating effectively.  Ann Marton of LEC Environmental Consultants, Inc. presents the restoration and replication areas that have been planted and will be monitored.  The commission discusses the different line items of the bond release request.  A motion to issue a partial bond release of $150,000 is made by Mr. Lynch, seconded by Mr. McDonough.  Vote unanimous. Documents:  E/Mail prepared by Eggleston Environmental reviewing stormwater management plan for partial bond release dated April 5, 2017  Berry Farm Performance Bond Calculation dated August 20, 2015 Decisions 242-1689, 1975 Salem Street (Lots 1-3)  The Administrator reviews the drafted Order of Conditions.  The Commission reviews the Order of Conditions.  A motion to approve the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote unanimous. 242-1697, 315 South Bradford Street  The Administrator reviews the drafted Order of Conditions.  The Commission reviews the Order of Conditions.  A motion approve the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote unanimous. A motion to adjourn to meeting at: 9:37 PM is made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous.