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Home My WebLink About2017-05-10 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes May 10, 2017 Members Present: Albert P. Manzi, Jr. Vice-Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic, Douglas W. Saal. Member Absent: Louis A. Napoli, Chairman, John T. Mabon, Sean F. McDonough. Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7.04 PM Quorum Present Pledge of Allegiance Approval of Minutes 3/22/17 • Minutes not ready for approval NACC#186, 754 Boxford Street (Geiger) • The applicant is not present. • The Administrator presents the proposal to extend a water main along the edge of roadway from an existing hydrant to connect to the subject property. • There is some old fill in the wetland adjacent to the driveway. The Administrator recommends wetland markers to prevent future encroachment. • There is discussion of an existing shed in the backyard. • A motion to consider the proposal as a small project L is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous • A motion to approve the project as proposed with conditions for wetland markers at the edge of the developed yard and a post construction inspection is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Documents: • Application Checklist-Small Project • Small Project Procedures • Plan of Land dated May 2, 2017 • Photos prepared by the North Andover Conservation Department dated May 5, 2017 NACC#187, 64 Stanton Way (Pessinis) • The Administrator states the applicant proposes either an 8' x 10' or 10' x 10'shed just beyond the 50' No-Build Zone. No clearing or grading is proposed. • Diane Pessinis, homeowner, states the contractor will place the shed on 2' x 6's on the ground. She said Reed's Ferry shed said they would use concrete. The shed may be vinyl or wood. • Mr. Lynch states the commission should allow for 4 hand-dug, concrete footings in case they are needed. • The commission discusses the location of the shed. • The Administrator recommends a pre and post construction inspection. • A motion to consider the proposal a small project C is made by Ms. Feltovic and seconded by Mr. Saal. • Vote: Unanimous • A motion to approve the project as proposed with allowance for 4 hand-dug, concrete footings is required and pre and post construction inspections is made by Ms. Feltovic and seconded by Mr. Saal. • Vote: Unanimous Documents: • Application Checklist-Small Project • Small Project Procedures • As-Built Plan prepared by Christiansen &Sergi, Inc. dated February 8, 2016 with hand edits NACC#188, 96 Bridle Path (Balmas) • Elliott Brundage of Elliott Brundage Landscape Design presents the landscape proposal. Landscape beds as well as planting on the slope below an existing wall is proposed. Erosion control will be installed. • The Administrator reviews her recommendations for special conditions including wetland markers. • A motion to consider the proposal a small Project G is made by Ms. Feltovic and seconded by Mr. Saal. • Vote: Unanimous • A motion to approve the project as proposed with conditions for erosion controls, pre and post construction inspections, wetland markers and tree pruning only (no cutting) is made by Ms. Feltovic and seconded by Mr. Lynch. • Vote: Unanimous Documents: • Application Checklist-Small Project • Small Project Procedures • Existing Conditions Plan prepared by Elliott Brundage Landscape Design dated January 20, 2017 • North Andover MIMAP prepared by the North Andover Conservation Department dated May 10, 2017 NACC#189, 2 Blueberry Lane (Kondrat) • The Administrator presents the proposal to reconstruct an existing deck in kind the deck is 7' from the wetland. She states the deck has a COC under a prior filing and is there legally. She recommends a pre and post construction inspection and wetland markers on the tree line. Documents: • Application Checklist-Small Project • Small Project Procedures • As-Built Plan prepared by Leblanc Survey Associates, Inc. dated October 13, 2008 • Photos prepared by the North Andover Conservation Department dated May S, 2017 Request for Determination of Applicability 380 Winter Street(Bannister) (Elliot Brundage Landscape Design) (cont. from 4/26/17) • The Administrator states she received a revised plan but received no additional information about the requirement to reflag the wetland line. She asked the consultant if they would request a continuance but no response was received. She recommends continuing. • A motion to continue the public hearing to the 5/24/17 meeting is made by Ms. Feltovic and seconded by Mr. Saal. • Vote: Unanimous Documents: • Revised plan from Elliott Brundage Landscape Design (Sheets L1-L5), Bannister Residence, revision date 3-9-17. 1665 Great Pond Road (TKZ LLC) (cont. from 4/26/17) • Tom Zahoruiko reviews requests made by the Planning Board at their most recent meeting. Requests were mostly related to stormwater management. An additional driveway swale was added. • The Administrator states additional vegetation is proposed to be removed. She states additional plantings can be conditioned. • Mr. Lynch states the applicant should comply with Planning requests and the planting plan. • A motion to issue a negative #3 with conditions for native plantings, erosion control and pre and post construction inspection is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Documents: • Application Checklist-Request jor Determination of Applicability • WPA Form I-Request for Determination of Applicability • General Information • Project Description Signatures 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 • Site Plan prepared by Andover Consultants, Inc. dated March 28, 2017, revised April 24, 2017, revised May 4, 2017 • Letter prepared by TKZ LLC dated April 21, 2017 • Photos prepared by TKZ dated October 16, 2016 • Photos prepared by the North Andover Conservation Department dated November 10, 2016 723 Osgood Street (Stevens Estate) (North Andover Division of Public Works Facilities Director) • Steve Foster, Facilities Director, states the project is to decommission the in-ground pool at the Stevens Estate within 100' of a wetland resource area. • Mr. Lynch asks if there is a bottom drain. He states if there is it should not be used to drain the pool. The pipe should be plugged. He asks if the site will be loamed and seeded. • Mr. Foster states it will be. • A motion to issue a negative #3 with conditions for erosion control and dewatering away from the resource area with pre and post construction inspection is made by Mr. Lynch and 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 • Notification to Abutters Form • Certified Abutters List prepared by the North Andover Assessors Department dated April 27, 2017 • Aerial Map prepared by TEC, Inc. dated August 16, 2016 • Aerial Map prepared by North Andover Division of Public Works dated April 27, 2017 • MIMAP prepared by the North Andover Conservation Department dated May 10, 2017 Sharpners Pond Road-Farnum Parcel (Bay Circuit Alliance) (Department of Conservation Recreation) • Liz Armstrong a volunteer working with DCR, the AMC, Bay Circuit Alliance, and Trails and Greenways presents the project for Americorp volunteers and FONAT to reopen a closed trail that was flooded by beavers several years ago. Swamp pans will be used to construct a boardwalk through the flooded area over the existing trail. FONAT will finish the work the volunteers do. • Mr. Lynch acknowledges the volunteers' efforts and states the project is very ambitious. • The Administrator states people have been using the area despite the wetland. • No abutters are present. • A motion to issue a negative #2 Determination with a post construction inspection and materials to be hand carried in and out is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Documents: • Application Checklist-Request for Determination of Applicability • WPA Form I-Request for Determination of Applicability • Generallnformation • Project Description • Signature and Submittal Requirements dated April 15, 2017 • North Andover Conservation Commission Waiver Request Form dated April 26, 2017 • Abutters Notification Form • Certified Abutters List prepared by the North Andover Assessor Department April S, 2017 • Letter prepared by the Bay Circuit Trail dated April 15, 2017 • Attachment A Photos 1-5 prepared by the Bay Circuit Trail dated Summer of 2016 • Aerial Map prepared by the Bay Circuit Trail dated April 26, 2017 • Letter prepared by Division of Fisheries & Wildlife dated January 17, 2017 • Exhibit 2 Aerial Map prepared by the Bay Circuit Trail dated June 2, 2015 • Exhibit 3 Aerial Map prepared by the Bay Circuit Trail North Andover Wetlands Regulations Riverfront Area Map dated June 2, 2003 75 Hillside Road (Jones) • Homeowner Steve Jones presents his proposal to regrade the existing backyard to keep water away from the foundation. • The Administrator states she met on site with the contractor, Peter Breen, to review the project. • Mr. Manzi recognizes abutters present. They have concerns about forcing the water back into the woods. • Mr. Manzi states there will be no increase in water since owners have always had a sump pump that pumped excess water back there. • The abutter also has concerns about the storm sewer. • Mr. Manzi states that should be addressed with DPW. • A motion to issue a negative #3 Determination with special conditions for silt sock erosion control, pre and post construction inspection, and wetland markers at the existing tree line is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Documents: • Application Checklist-Request for Determination of Applicability • WPA I Form-Request to Determination of Applicability • Generallnformation • Project Description • Signatures and Submittal Requirements • Copy of Town Check • Notification to Abutters Form • Certified Abutters List prepared by the North Andover Assessors Department dated April 21, 2017 • Letter prepared by Stephen H. &Francine M. Jones of 75 Hillside Road dated April 24, 2017 • Mortgage Plot Plan prepared by Cameron Bros, Inc. dated July 4, 1993 • USGS Aerial Topo Map dated April 26, 2017 • Photos prepared by Francine Jones of 75 Hill Side Road dated April 25, 2017 Abbreviated Notice of Resource Area Delineation 242-1705, 500 Boxford Street (Donovan) (Andover Consultants, Inc.) (cont. from 4/26/17) (Request to cont. to 5/24/17) • A motion to continue the public hearing at the request of the applicant is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Document: • E/Mail prepared by Andover Consultants, Inc. request for a continuance to the May 24 2017 meeting dated May 10, 2017 242-1704, 189 Willow Street (Tanner) (Merrimack Engineering Services, Inc.) (cont. from 4/26/17) (Request to cont. to 5/24/17) • A motion to continue the public hearing at the request of the applicant is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Document: • E/Mail prepared by Seekamp Environmental Consulting, Inc. request for a continuance to the May 24, 2017 meeting dated May 10, 2017 Notice of Intent(NOI) 242-1700, 203 Cotuit Street (Deschamp) (Norse Environmental Services, Inc.) (cont. from 4/26/17) (Request to cont. to 5/24/17) • A motion to continue the public hearing at the request of the applicant is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Document: E/Mail prepared by Robert Douglas request for a continuance to the May 24, 2017 meeting dated May 10, 2017 242-1703, 1099 Salem Street (Kindred Homes,Inc.) (Marchionda Associates, L. P.) (cont. from 4/26/17) • The Administrator states a new phasing plan and an Operation and Maintenance Plan (O&M) were submitted. • Mr. Lynch asks if the O&M will be a continuing condition. • Mr. Marchionda, project engineer, states yes. • Mr. Marchionda reviews the sequencing plan (4 sheets). He states wattles will be placed in the woods by hand to help divert water around the site. A stockpile area and staging area will be located on Lot 1 and will remain through stage 4. Septic and driveway will be constructed and lot 2 will be finished first. • Mr. Manzi asks if a driveway alternative has been chosen. • Mr. Marchionda states alternative #1 is preferred. This alternative proposes two driveways. There would be 150 s.f. within the 50' No-Build Zone. • Mr. Lynch states this work is minimal and unavoidable. • The Administrator states there is a contractor on board, ARCO Excavators. • Mr. Lynch states the work will move quickly. • Mr. Kindred, applicant, states the contractor will move quickly to stabilize the site by fall. • Mr. Saal asks why the driveway cannot bump out to be out of the 50' NBZ. • Mr. Kindred states there is a utility pole in the way. • Mr. Manzi calls for abutters but none are present. • A motion to close the public hearing and issue a decision in 21 days is made by Mr. Saal and seconded by Ms. Feltovic. Documents: • Site Plan prepared by Marchionda &Associates, L. P. dated March 7, 2017, revised March 28, 2017, revised April 6, 2017, revised May 1, 2017 • Letter prepared by the North Andover Town Engineer dated March 6, 2017 • Letter prepared by the North Andover Town Engineer dated April 18, 2017 242-1702,315 Turnpike Street (Merrimack College) (VHB,Inc.) (cont. from 4/26/17) • The Administrator presents final letters received from Andover's stormwater consultant and the Andover Conservation Administrator. The peer review consultant recommended conditions for the commission to include in their Order including receipt of the SWPPP, stockpiles more than 100' from BVW and a dewatering plan. She states Planning has issued their special permit. She recommends closing and issuing. • A motion to close the public hearing and issue a decision in 21 days is made by Mr. Lynch and seconded by Ms. Feltovic. Documents: • Erosion and Sedimentation Control Plan prepared by VHB, Inc. last revised May 1, 2017 • Letter from Horsley Whitten Group dated May 2, 2017 Enforcement Order (EO)Ratify 476 Great Pond Road (Nieburger) • The Administrator presents photos of the tree clearing done near the lake. She states minor work was done near the lake but the larger clearing was done outside commission jurisdiction. • Mr. Manzi asks that the Administrator determine the date the work was done and who did it. • A motion to confirm the Enforcement Order is made by Ms. Feltovic and seconded by Mr. Saal. • Vote: Unanimous Documents: • WPA Form 9-Enforcment Order dated April 25, 2017 • Photos prepared by the North Andover Conservation Department dated April 24, 2017 • Photos prepared by the North Andover Conservation Department dated May 2, 2017 123 Bonny Lane (Dawson) (cont.form 10/26/16) (Request to cont. to 5/24/17) • A motion to continue the matter to 5/24/17 at the request of the applicant is made by Mr. Saal and seconded by Ms. Feltovic. • Vote: Unanimous Document: • E/Mail prepared by Adrian F. Dawson request for a continuance to the May 24, 2017meeting dated May 10, 2017 202 Marbleridge Road (Fugere) • The Administrator presents the violation and Enforcement Order issued. • A motion to ratify the EO is made by Mr. Lynch and seconded by Ms. Feltovic. Documents: • Letter prepared by the North Andover Conservation Department dated May S, 2017 • WPA Form 9-Enforcement Order dated May 5, 2017 • Photos prepared by the North Andover Conservation Department dated May 2, 2017 242-1169 & 242-1447, COC Request, 2357 Turnpike Street(Meadows) (Maplewood Reserve/Oakridge Village) (cont. form 4/26/17) (Request to cont. 5/24/17) • A motion to continue the matter to the 5/24/17 meeting at the request of the applicant is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Document: • E/Mail prepared by Susan Mesiti of Results Realty, Inc. request for a continuance to May 24, 2017 meeting dated May 10, 2017 242-1674, Modification Request, 121 Mill Pond (Property Management of Andover, Inc.) (F. P. Reilly& Sons) • The Administrator reviews the requested modifications including a crushed stone parking area and replacement of an existing walkway. • A motion to grant the minor modification request is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Documents: • Letter prepared by F. P. Reilly & Sons proposed scope of work for the sidewalks at Millpond dated April 27, 2017 • Letter prepared by F. P. Reilly & Sons proposed sidewalk 100'x S'from (Clubhouse (Driveway #2) to rear of driveway #17 dated April 27, 2017 • Picture #1, Where walkway meets clubhouse sidewalk dated April 27, 2017 • Picture #2, Existing slate walk to be to be removed new walk proposed to left of slate under drip edge of Tree dated April 27, 2017 • Picture #4, Existing slate to be removed proposed sidewalk to the left under drip edge of trees dated April 27, 2017 • Picture #3, Existing Slate to be removed proposed walk to go into Clubhouse dated April 27, 2017 • Picture #5, Proposed walkway to meeting driveway #17 dated April 27, 2017 • Picture #6, Proposed walkway to meet driveway #17 • Aerial Map Millpond between driveway #2 & #17 dated April 27, 2017 242-1623, Extension Request, 1160 Great Pond Road (Brooks School) (Solitude Lake Management) • The Administrator states the annual monitoring report was received and recommends granting a 1 year extension. • A motion to issue a 1 year extension is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Document: • Letter prepared by Solitude Lake Management requesting a one year extension dated May ], 2017 NACC#123, COC Request, 50 Royal Crest Drive (Building 30) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 4/26/17) (Request to cont. to 5/24/17) • A motion to continue the matter to the 5/24/17 meeting at the request of the applicant is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Document: • E/Mail prepared by Cornerstone Land Consultants, Inc. request for a continuance to May 24, 2017 meeting dated May 10, 2017 242-1618, COC Request, 50 Royal Crest Drive (Buildings 46 & 47) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 4/26/17) (Request to cont. to 5/24/17) • A motion to continue the matter to the 5/24/17 meeting at the request of the applicant is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Document: • E/Mail prepared by Cornerstone Land Consultants, Inc. request for a continuance to May 24, 2017 meeting dated May 10, 2017 242-1428, Partial Bond Release, Lot 4N-A Turnpike Street(One Hundred Fourteen Trust) (Patrick C. Garner Company,Inc.) • The Administrator states that bond releases were granted on other projects when construction was complete and as-builts were submitted. • Mr. Lynch asks about the NBZ and NDZ. • The Administrator states there are still issues to be worked through including monitoring. • Mr. Hingorani states there was a release schedule. • Mr. Lynch asks about the porous pavement. • Mr. Hingorani states the roadway is working. • Mr. Lynch recommends releasing $25,000 • Mr. Saal states more could be released. • Mr. Lynch states there have been many modifications and some EOs. There is no final as- built and there is stormwater testing still to be done. A larger release would be unprecedented. He states the bond was collected in increments and should be released in increments. • Mr. Manzi states this is a unique project. • Mr. Hingorani states all work should be complete by the end of the year. • A motion to release $25,000 is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Document: • Letter prepared by Pribhu Hingorani of One Hundred Fourteen Trust request for a partial bond release of$25, 0000 dated May 8, 2017 Wellington Woods Conservation Restriction • Mr. Manzi states that hunting should not be prohibited on the property. He states firearms could be prohibited. Document: • E/Mail prepared Homeowners Association request for a continuance to May 24, 2017 meeting dated May 10, 2017 Decisions: 1099 Salem Street—A motion to approve the Order of Conditions as drafted and amended is made by Ms. Feltovic and seconded by Mr. Lynch. Vote: Unanimous 315 Turnpike Street—A motion to approve the Order of Conditions as drafted and amended is made by Mr. Lynch and seconded by Ms. Feltovic. Vote: Unanimous A motion to adjourn the meeting at: 8:55 is made by Mr. Lynch and seconded by Ms. Feltovic. Vote: Unanimous