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HomeMy WebLinkAbout2017-04-26 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes April 26, 2017 Members Present: Albert P. Manzi, Jr. Vice Chairman, Joseph W. Lynch, Jr., Sean F. McDonough, Douglas W. Saal. Member Absent: Louis A. Napoli, Chairman, John T. Mabon, Deborah A. Feltovic. Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:07 PM Quorum Present. Pledge of Allegiance Small Projects NACC#93, 660 Great Pond Road (Rolling Ridge Retreat and Conference Center) (Farm Renewal) (4/14/16)  Dr. Lawrence Jay of Rolling Ridge presents the farm summary including information on production, volunteers and operations. He reviews changes from last year. A cover crop will be planted on the land that had been granted to a second farmer last year. That farmer has not returned.  Mr. McDonough asks how far the garden is from wetland resource areas.  The Administrator states 25’.  Mr. Manzi asks about wildlife on the farm.  Kim (farm representative) states she has seen groundhogs, voles and a bald eagle while at the garden.  A motion to renew the Small Project Permit #93 for farming activities at Rolling Ridge for an additional year is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: Unanimous Documents:  Letter prepared by Rolling Ridge Retreat and Conference Center prepared by the Lawrence Jay, Executive Director, Rolling Ridge dated April 24, 2017  Photos of the Garden from April 2017 to November 2017 prepared by South Church Giving Garden dated March 2017 NACC#170, 981 Johnson Street (Bohenek & Keeler) (cont. from 4/28/16)  The Administrator states this matter should not have been listed as a Small Project but rather a violation. An unpermitted retaining wall was discovered during a small project filing last year and a remediation plan was required this spring. The homeowner is asking for a three month extension.  Mr. Lynch states this sounds reasonable.  A motion to continue the matter to the second meeting in August is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: Unanimous Document:  Letter prepared by Matthew Bohenek of 981 Johnson Street violation notice dated April 28, 2016 new letter dated April 25, 2017 Request for Determination Applicability 380 Winter Street (Bannister) (Elliot Brundage Landscape Design) (cont. from 4/12/17) (Request to cont. to 5/10/17)  The Administrator states the applicant has requested a continuance.  A motion to continue the matter to the May 10, 2017 meeting is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: Unanimous Document:  E/Mail prepared by Elliot Brundage Landscape Design request for a continuance to the May 10, 2017 meeting dated April 26, 2017 889 Johnson Street (Edwards)  The Administrator presents the after the fact filing to permit tree clearing in the buffer zone. She presents the plan showing the limit of clearing, the resource area and a buffer zone restoration plan.  The homeowner, Melissa Edwards, asks about erosion controls.  The Administrator states the site does not show any sign of erosion and they are not needed. She states the type of viburnum should be specified.  Mr. McDonough asks about the resource area to the rear of the property.  The Administrator recommends issuing a negative determination for the clearing and an Enforcement Order requiring the restoration.  A motion to issue a Negative #3 Determination with conditions for post restoration/stabilization inspection is made by Mr. McDonough and seconded by Mr. Lynch. The motion includes the issuance of an Enforcement Order requiring implementation of the restoration plan and a report 1 year after planting documenting the survival of the plants and any need for replacement.  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  Planting Plan prepared by Viking Tree & Landscape dated February 17, 2017  Notification to Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated April 10, 2017  Subsurface Disposal System Plan with hand edits by Melissa Edwards of 889 Johnson Street dated April 11, 2017 458 Johnson Street (Carpenter)  The Administrator presents the after the fact filing to permit tree cutting in the Buffer Zone with a proposal for restoration in the No-Disturbance Zone.  Monica Finn, homeowner, presents the condition of the property when it was purchased. She states she lived on Berry Street and is familiar with the wetland markers the commission requires. She states they were trying to clean up the area.  Mr. Lynch states he understands that the property was part of an old farming property but states wetlands cannot be altered.  Ms. Finn states there was a lot of landscape fabric along the stream that was an eyesore and was removed.  A motion to issue a negative #3 determination (after the fact) for tree cutting outside the No- Disturbance Zone Is made by Mr. Lynch and seconded by Mr. Saal.  Vote: Unanimous  The commission discusses the violation matter. Mr. Lynch states a No-Disturbance Zone needs to be established and a physical barrier is needed. He recommends a wall or markers every 30’. He states the buffer should be a minimum of 7’ and field determined with the Administrator. He states the restoration plan should be submitted in 12 month with the cleanup to be finished immediately.  Mr. McDonough states a wall would be better than posts and markers.  A motion to issue an Enforcement Order requiring a restoration plan within 30 days with monitoring in 1 year and wetland markers at the edge of the No-Disturbance Zone is made by Mr. Lynch and seconded by Mr. Saal.  Vote: Unanimous Documents:  Application Checklist-Request for Determination of Applicability  WPA Form 1-Request for Determination of Applicability  Letter prepared by Monica Carpenter of 458 Johnson Street dated April 11, 2017 Scope of Work Statement  Project Description  Signatures and Submittal Requirements  Copy of Town Check  Notification Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated April 4, 2017  Proposed Planting Exhibit 1A prepared by Monica Finn of 458 Johnson Street dated April 3, 2017  Current View-Measurements –Exhibits 1b prepared by Monica Finn of 458 Johnson Street dated April 3, 2017  Photos prepared by Monica Finn of 458 Johnson Street dated April 4, 2017  Tree Island Area Exhibit prepared by Monica Finn of 458 Johnson Street dated April 3, 2017  Exhibit C. Photos prepared by Monica Finn of 458 Johnson Street dated April 4, 2017  Exhibit C. Photos prepared by Monica Finn of 458 Johnson Street dated April 4, 2017  Map GIS MA Aerial Photos prepared by the North Andover Conservation Department dated 1990’s  Bing Aerial Map prepared by the North Andover Conservation Department dated April 26, 2017  MA GIS Aerial Map prepared by the North Andover Conservation Department dated Aril 26, 2017  Photos prepared by the North Andover Conservation Department dated April 25, 2017 1665 Great Pond Road (TKZ LLC) (Andover Consultants, Inc.)  The Administrator reviews the filing history. House construction was outside jurisdiction.  Tom Zahoruiko, owner, presents the proposal to repave the driveway and add stormwater management including a channel drain and stone infiltration area.  The Administrator states the Planning Board has sent the stormwater improvements to TEC for peer review and the commission may want to wait for that input.  Mr. Zahoruiko states pavement will also be reduced at the driveway entrance.  Mr. Lynch asks about the adequacy of the soils at the infiltrator location. He sates overall it should be a net improvement.  Mr. McDonough asks about the timing.  Mr. Zahoruiko states he plans to do the work immediately. His site contractor is already working at the site. He states he would also like to remove decorative stone walls that are at the entrance. Sod would be placed after removal.  Mr. Lynch asks if the walls go below grade.  The Administrator states erosion controls are proposed.  Mr. Saal states the brick removal should not result in much disturbance.  A motion to continue the meeting to 5/10/17 is made by Mr. Lynch and 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  Signature and Submittal Requirements  Notification to Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated March 28, 2017  Copy of Town Check  Locus Aerial Map prepared by Andover Consultants, Inc. dated April 11, 2017  Photos prepared by the North Andover Conservation Department dated November 10, 2016  Site Plan prepared by Andover Consultants, Inc. dated March 28, 2017, revised April 24, 2017 Abbreviated Notice of Resource Area Delineation 242-1705, 500 Boxford Street (Donovan) (Andover Consultants, Inc.)  The Administrator states the applicant requests a continuance to investigate ephemeral pool identified at the site.  A motion to continue the hearing to the 5/10/17 meeting is made by Mr. McDonoug and seconded by Mr. Lynch  Vote: Unanimous Documents:  Application Checklist-Abbreviated Notice of Resource Area Delineation  General Information  Area (s) Delineated  Fees  Signatures  ANRAD Wetland Fee Transmittal Form  Copy of the State & Town Check  Aerial Map Topo prepared by Andover Consultants, Inc. dated April 6, 2017  Delineated Field Data Form prepared by Andover Consultants, Inc. dated October 29, 2014  Certified Abutters List prepared by the North Andover Assessors Department dated March 29, 2017  Notification to Abutters Form  Plan Showing Wetlands prepared by Andover Consultants, Inc. dated April 6, 2017  North Andover MIMAP prepared by the Conservation Department dated April 26, 2017  Photos prepared by the North Andover Conservation Department dated April 25, 2017 242-1704, 189 Willow Street (Tanner) (Merrimack Engineering Services, Inc.) (cont. from 4/12/17) (Request to cont. to 5/10/17)  Applicant requests continuance to the 5/10/17 meeting.  Motion to grant the continuance request is made by Mr. McDonough and seconded by Lynch.  Vote: Unanimous Document:  E/Mail from Seekamp Environmental Consulting, Inc. request for a continuance to May 10, 2017dated April 20, 2017 Notice of Intent (NOI) 242-1700, 203 Cotuit Street (Deschamp) (Merrimack Engineering Services, Inc.) (cont. from 4/12/17) (Request to cont. to 5/10/17)  Applicant’s representative requests a continuance to the 5/10/17 meeting via email.  A motion to grant the request for continuance is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: Unanimous Document:  E/Mail prepared by Robert Douglas request for a continuance to May 10, 2017 meeting dated April 12, 2017 242-1703, 1099 Salem Street (Kindred) (Marchionda Associates, L. P.) (cont. from 4/12/17)  The Administrator summarizes the review of driveway alternatives that was presented at the last meeting.  Craig Marchionda of Marchionda Associates presents a fourth driveway alternative. He shares copies of the plan with the commission.  Mr. Lynch has a copy of the town engineer’s stormwater review and states the focus is runoff onto the road. He states there is a shallow water table and there is the potential for soils to run to the bottom of the hill. He states that on a smaller site stormwater calculations do not mean a lot but BMPs are important. He summarizes that a common drive with swales on both sides would be less impervious and would allow more area for stormwater management.  Mr. Marchionda states thee would be stone shoulders on the drive and a 2% slope. He states check dams would be needed. th  Mr. Lynch asks if this would be the 5 alternative.  The Administrator states this was proposed as alternative 1.  Paul Marchionda also of Marchionda Associates states the preference would be to reduce the driveway widths to 10’ and not require a common drive. Moving the drives out of the 50’ NBZ and having a driveway easement would be the preference.  Mr. Saal discusses catch basins.  Mr. Lynch asks about the soil characteristics.  The Administrator expresses her concerns about the lack of a phasing plan.  David Kindred, applicant, states phasing would be done responsibly and could be conditioned.  The Administrator asks about construction access.  Mr. Kindred states a construction access would be built as well as a staging area.  Mr. McDonough expresses his support for alternatives 3 or 4.  Mr. Saal expresses his support for options 4 or 1.  A commission pole shows a preference 3-1 for option 1.  The Administrator will draft an Order of Conditions for the next meeting.  A motion to continue to 5/10/17 is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: Unanimous Documents:  Letter prepared by the North Andover Division of Public Works dated April 18, 2017  Letter prepared by the North Andover Division of Public Works dated March 6, 2017  Letter from Marchionda Associates dated April 20, 2017. 242-1702, 315 Turnpike Street (Merrimack College) (VHB, Inc.) (cont. from 4/12/17)  Felipe Schwartz of Merrimack College presents the most recent stormwater peer review done by Horsley Whitten.  Jeffrey Koetteritz of VHB presents additional tree removal.  The Administrator states this work is outside jurisdiction.  Mr. Koetteritz states LEC Environmental is reviewing a boardwalk connection in Andover. He states the DEP review returned no comments. He states the next Andover meeting is May 11.  Mr. Lynch states it would be protocol to wait until the Andover meetings are complete.  The commission discusses the process of moving forward.  Mr. Koetteritz states Merrimack can wait for a final letter from Andover.  A motion to continue to 5/10/17 is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: Unanimous Documents:  Stormwater Operation and Maintenance Plan prepared by VHB. Inc. dated April 7, 2017  Peer Review letter from Horsley Whitten Group dated April 24, 2017  Response to Peer Review from VHB dated April 24, 2017  Letter prepared by VHB, Inc. Illicit Discharge Statement dated April 24, 2017  Updated Project Plans prepared by VHB, Inc. dated April 24, 2017  C-2.1 Erosion and Sedimentation Control Plan prepared by VHB, Inc. dated April 24, 2017  C-2.2 Erosion and Sedimentation Control Plan prepared by VHB, Inc. dated April 24, 2017 Enforcement Order/Ratify 233 Johnson Street (Bresnahan) (cont. from 11/22/16)  The Administrator presents photos of the stream area where the work occurred. She also presents an aerial photo from 2013. She reviews the commission’s discussion last year of establishing a 5’ buffer next to the stream.  Mr. Lynch states this would be a no mow area.  Mr. Bresnahan asks about a 4’ area vs a 5’ area. He reviews the extensive work he did to protect the pond.  Mr. Manzi states he wants to see a 5’ area on each side of the pond. He suggests using a wetland seed mix. He discusses possibility of annual mowing. He states the applicant should work with the administrator or plant/seed selection. He states the work should be completed within 3 months and wetland markers should be required. The restoration area will need to be monitored for 1 year.  Mr. Bresnahan asks if he can add additional native plantings and move 2-3 overgrown hydrangea plants.  The commission states moving the hydrangeas sounds like minor landscaping and states the owner should use discretion.  A motion to require the work as discussed with one year of monitoring is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: unanimous Documents:  Letter prepared by the North Andover Conservation Department dated November 22, 2016  WPA Form 9-Enforcement Order dated November 22, 2016  Photos prepared by the North Andover Conservation Department dated November 8, 2016 APP Tree (Cease & Desist Letter) Documents:  Letter prepared by the North Andover Conservation Department dated April 13, 2017  WPA Form 9-Enforcment Order prepared by the North Andover Conservation Department dated April 12, 2017  Tree Procedures prepared by the North Andover Conservation Department dated April 12, 2017 General Business: 8:00PM 242-1169 & 242-1447, COC Request 2357 Turnpike Street (Meadows) (Maplewood Reserve & Oakridge Village) (cont. from 4/12/17) (Request to cont. to 5/10/17)  A motion to continue the matter to the 5/10/17 meeting is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: unanimous Document:  E/Mail prepared by Susan Mesiti of Results Realty Estate request for a continuance to the May 10, 2017 meeting dated April 26, 2017 NACC#123, COC Request, 50 Royal Crest Drive (Building 30) (AIMCO North Andover LLC) (Cornerstone Land Consultants, Inc.) (cont. from 4/12/17) (Request to cont. to 5/10/17)  A motion to continue the matter to the 5/10/17 meeting is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: unanimous Document:  E/Mail prepared by Cornerstone Land Consultants, Inc. request for a continuance to the May 10, 2017 meeting dated April 26, 2017 242-1618, COC Request, 50 Royal Crest Drive (Buildings 46 & 47) (Cornerstone Land Consultants, Inc.) (cont. from 4/12/17) (Request to cont. to 5/10/17)  A motion to continue the matter to the 5/10/17 meeting is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: unanimous Document:  E/Mail prepared by Cornerstone Land Consultants, Inc. request for a continuance to the May 10, 2017 meeting dated April 26, 2017 A motion to adjourn the meeting at: 9:18PM is made by Mr. McDonough and seconded by Mr. Lynch. Vote: Unanimous