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HomeMy WebLinkAbout2017-11-29 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes November 29, 2017 Members Present: Albert P. Manzi, Jr. Vice Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic, and Douglas W. Saal. Members Absent: Louis A. Napoli, Chairman, John T. Mabon, Sean F. McDonough Staff Member present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:02pm Quorum Present. Pledge of Allegiance Approval of Minutes of 11/15/17 A motion to accept the meeting minutes of 11/15/17 as drafted and reviewed is made by Mr. Lynch and seconded by Ms. Feltovic. Vote: unanimous Public Hearings: Notice of Intent (NOI) 242-1719, Massachusetts Ave. @ Chickering Rd. (MassDOT) (Green International Affiliates) (cont. from 11/15) A motion to continue until December 13, 2017 meeting is made by Ms. Feltovic and seconded by Mr. Lynch. Vote: unanimous Documents Email dated 11/28/2017, from Kristen Hayden request a continuance until the December 13, 2017meeting. 242-1723, Lots 2 & 3 Kelsey Lane (Belford Construction) (Ranger Engineering & Design LLC.) Ben Osgood Jr., Ranger Engineering and Design, gives a brief background on the proposed project. This is a Buffer Zone project with an isolated wetland located on the east side of the property located off property, there is a bordering vegetated wetland on the west side which has a vernal pool located within it. This project meets the 50 foot no disturb and 75 foot no build to the westerly wetland, this project is in the 100 foot buffer zone primarily. The Administrator states that this project abuts the State Forest and the trails, therefore would like to see some of the deciduous hardwood trees flagged and saved. Mr. Osgood states that he would try to save trees but there is a lot of work being done on the site and he will try to save some in the back of lot 2 in the area shown as a stockpile location. The Administrator also notes that the Commission might want to have the No disturb Zone monumented, the standard is the 2x2 dry elate field stone wall, at the 50 foot on lot 2. Also noted would be the Planning Board condition regarding the rain gardens. Ms. Feltovic asks if there is a rain garden O&M and a regular O&M. The Administrator states that there is only a rain garden O&M. Mr. Manzi asks if there are any abutters present that would like to be heard. No response Mr. Manzi states that there are no abutters present. A motion to close the public hearing and issue an Order in 21 days is made by Mr. Lynch and seconded by Ms. Feltovic. Vote: unanimous Documents WPA Form 3 Notice of Intent Project Description, prepared by Ranger Engineering & Design, dated 10/31/2017 US Geological Survey Map 25K MASSGIS Quadrangle (OLIVER) Locus Map, prepared by Ranger Engineering & Design Natural Heritage Map, prepared by Ranger Engineering & Design FIRM Map dated July 03, 2012, prepared by Ranger Engineering & Design ed 10/16/2017, prepared by Ranger Engineering & Design Affidavit of Service, dated 11/01/2017, prepared by Ben Osgood Jr. P.E. Abutter List, dated 10/17/2017 Notification to Abutters NOI Wetland Fee Transmittal Form Copy of Checks to Town of North Andover and Commonwealth of Massachusetts Application Checklist - Notice of Intent (NOI) Proposed Site Plan, dated 11/01/2017, prepared by Ranger Engineering & Design 09/14/09. 242-1721, 562 Boxford Street (Street (Sirius Development, LLC) (Christiansen & Sergi, Inc.) The Administrator gives an overview of the proposed project and a definition on the buffer zone for an ephemeral pool habitat located within a Wetland. TJ Melvin, Christian & Sergi, is here to speak on behalf of the applicant. The applicant is looking to demolish the existing single family home and build a new single family home, due to the Zoning restrictions it puts the new home and septic system with in the 50 foot and 75 foot zones. The proposed house would be 44 feet off the Wetland line and the new septic would be 55 feet. He states there is high ground water on the site. A foundation drain is being proposed as part of this project. This project as shown will need variances from the Zoning Board of appeals for lot size, contiguous buildable area and a setback. The Administrator asks if the applicant has filed with the ZBA and about the proposal for monumentation of the no-disturbance zone. Mr. Melvin states that no the applicant has not filed with the ZBA yet and that pole markers are being proposed. The applicant is open to walls if that is what the Commission requires. The Administrator states that there has been no response received from Natural Heritage. Mr. Melvin states that no response has been received by the applicant from Natural Heritage. There is discussion among the Commission regarding the location of the proposed building in proximity to the BVW and the ephemeral pool, and if there is a potential to move the proposed building over by 6 feet to locate it out of the 50-foot zone. Mr. Lynch states a side lot line variance. Mr. Manzi asks if there are any abutters present that would like to be heard. No response Mr. Manzi states that there are no abutters present. A motion to continue the public hearing at the request of the applicant to the December 13, 2017 meeting is made by Mr. Saal and seconded by Ms. Feltovic. Vote Unanimous Documents WPA Form 3 Notice of Intent, dated 11/02/2017, prepared by Sirius Development Application Checklist Notice of Intent (NOI), dated 11/02/2017 Conservation Filing Fees Notification to Abutters Town of North Andover Abutters Listing MASSGIS Locus Copy of Check made out to the Town of North Andover Copy of Check made out to the Commonwealth of Massachusetts Letter, dated 11/07/2017, prepared by Philip G Christiansen P.E. Alternatives Plan, dated 11/07/2017, prepared by Christiansen & Sergi, Inc. Notice of Intent Plan, dated 10/30/2017, revs. 11/07/2017, prepared by Christiansen & Sergi, Inc. 242-1722, 173 Campbell Road (Prescott) (Wood) The Administrator gives background on this request, and states that the Commission had asked for a survey plan at the November 15, 2017 meeting, and that a new plan was submitted today by the applicant. The proposed project is to add a small master bathroom, where an existing old deck was located. Mr. Lynch would like to see the brush pile addressed as a preconstruction condition. The Administrator asks if the Commission is going to require an As-Built plan at the end of this project or will an Engineers certified letter work. Mr. Manzi states that as long as it is a certified R.P.E or R.P.L.S referencing the plan presented today. A motion to close the public hearing and issue an Order in 21 days is made by Mr. Lynch and seconded by Ms. Feltovic Vote unanimous Documents Plan of Land in North Andover, Mass. Showing Proposed Addition Lot 10 173 Campbell Road date: November 28, 2017 prepared by The Morin-Cameron Group, Inc. 242-xxxx, 21 High Street ((RCG) (Civil Design) The Administrator gives a short description on this application. The request is to construct a new 51 unit residential building behind the current East Mill along the side of the existing Pond, the proposed Building itself is outside the 50 foot no build zone, there will be activity within the 50 foot no build and 25 no disturb zones some of which will require waivers. All of the proposed is within existing maintained lawn area. Currently this proposed project is under peer review with TEC. In the proposed planting plan there are some ornamentals proposed for the 25 foot no-disturb zone, traditionally the commission would like native species to be planted there. The Administrator would like noted that there was a large weeping willow that was knocked over into the pond during the Halloween storm and as part of the plantings plan the applicant proposes to remove this tree and replace it with native trees. The Administrator states that this project does not have a DEP number yet and is currently being heard by the Planning Board. Tania Hartford, representing RCG who is here with Phil Henry, Civil Design Group, and Julie Vondrak, Wetland Permitting Consultant, The proposal is to construct 51 residential units. This Phase is being called 2B, this proposal is also been submitted to the Planning Board where it will be heard on December 5, 2017 meeting. RCG has also met with the Machine Shop Village Committee to talk about the design. Mr. Henry shows the Commissioners the East Mill Rear Building Site Plan - 5 OVERALL SITE, to show where the proposed 51 residential units will be located. The proposed units will be facing the current garage on Prescott Street, and the back of the units will be facing the Pond. Mr. Henry shows the Commissioners the Site Plan 6, to show that the proposed Building will make use of the existing parking lot. The non-rooftop impervious coverage will increase by approximately 4500 square feet. This area of the site gently slopes from the parking area towards the Pond and drops approximately 3 feet over 100-150 foot distance. Due to the ground water being high, the grade has been picked up in the design of the building making the first floor elevation at about 97, in order to get some recharge of the rooftop underneath. The parking lot shown on this plan will be treated via a grass swale and infiltration system. As part of this project proposal the pedestrian walkway will be expanded for the new building and parking area. The proposed new building will be about 380 feet long and 35 feet deep, and 4 floors in height. Comments have been received from TEC, Police and the DPW, Fire has not provides comments to date. Civil Design and RCG are currently reviewing these comments and will be providing a response. The Administrator shows the Commissioners the submitted planting plan for the project (Table 4.3-1). Mr. Lynch asks for a description of the Stormwater Management at the rear of the building. Mr. Henry states that it will be an Infiltration system pipe that will run underground to collect the runoff. There is discussion amongst the Commission regarding the placement of the proposed infiltration system being within the 50 buffer zone, the discussion also questions if the fire department will require access around the building. Mr. Manzi is reviewing the TEC letter dated 11/27/2017 staring with number 22 on the Letter in regard to the proposed Stormwater management, have the concerns in this letter been address or are they going to be addressed? Mr. Henry states that he will be addressing all of the comments in the TEC letter. Mr. Manzi asks if there are any abutters present that would like to speak. Linda (inaudible), 4 East Water Street, states that there is a lot of wildlife in this area and over the last couple of years there has been several trees and bushes removed and would like to know who has authorized these projects. development has been before the Commission several times, with respect to Stormwater and a pipe repair. The Commission has provided permits for them to do this work. Mr. Lynch states that it might be home owner upkeep to their personal property that might not require permits, but if you would like to contact the Conservation Department someone would be able to look at the area to see what the circumstances are. Mr. Henry is showing the Commissioners the Grading and Drainage Plan 7, there is a pipe that discharges onto the property from Walker Road and over the years it appears that the flow has increased. One of the things that we would like to explore with the Commission is the potential to make a hard connection from that Walker Road pipe to an existing 12 inch RCP pipe that is in relatively good condition. The Administrator has a concern that this would be largely untreated water discharging directly into the Pond, one of the possibilities would be a rain garden but the problem is that the applicant does not own the land. A motion to continue the public hearing at the request of the applicant to the December 13, 2017 meeting is made by Mr. Lynch and seconded by Ms. Feltovic. Vote Unanimous Documents WPA Form 3 Notice of Intent, dated 11/02/2017, prepared by Sirius Development Application Checklist Notice of Intent (NOI), dated 11/17/2017 Attachment A Table of Contents Attachment A Narrative FIRM Map, dated 07/03/2012 Figure 1 USGS Plan, dated 10/27/2017, prepared by Civil Design Group Site Photographs (Photo 1 View of Mill Pond facing west from bridge)(Photo 2 Proposed location of new residential building facing west)(Photo 3 Existing parking lot located north of the proposed building facing east)(photo 4 The of Mill Pond Bank during low water conditions)(photo 5 existing 12-inch outfall into Mill Pond)(Photo 6 View of ROW and former railroad bed vegetated w/Japanese Knotweed facing northeast)(Photo 7 potential wetland area at the base of the ROW slope facing west)(Photos 8 ROW outfall pipes that deposit stormwater drainage onto the project Site)(photo 9 water flow path across the maintained lawn from the up gradient drainage outlet pipes)(photo 10 Overland flow scouring stone dust path during storms. Water sheet flows into Mill Pond)(Photo 11 & 12 Soil plot 1 was documented within the manicured lawn and soil plot 2 within the overgrown herbaceous are at the base of the slope)(photo 13 Soil Plot 3 was documented within the maintained lawn area within the overflow path from the up gradient drainage pipes) DEP NOI Wetland Transmittal Form Copy of Check made out to the Town of North Andover Copy of Check made out to the Commonwealth of Massachusetts Affidavit of Service Notification to Abutters Town of North Andover Abutters Listing North Andover Conservation Commission Waiver Request form Phase IIB Definitive Plan for Pond Building @ East Mill Cover sheet, prepared by Civil Design Group, LLC. Sheet 1 Existing Conditions Plan, dated 05/22/2015(Revs. 10/30/17), prepared by Odone Survey & Mapping sheet 2 Existing Conditions Plan, dated 05/22/2015(Revs. 10/30/17), prepared by Odone Survey & Mapping sheet 3 Demolition & Erosion Control Plan, dated 11/02/2017, prepared by Civil Design Group sheet 4 Overall Site Plan, dated 11/02/2017, prepared by Civil Design Group sheet 5 Site Plan, dated 11/02/2017, prepared by Civil Design Group sheet 6 Grading & Drainage Plan, dated 11/02/2017, prepared by Civil Design Group sheet 7 Utility Plan, dated 11/02/2017, prepared by Civil Design Group sheet 8 Landscape Plan, dated 11/02/2017, prepared by Civil Design Group sheet 9 Construction Details, dated 11/02/2017, prepared by Civil Design Group sheet 10 Construction Details, dated 11/02/2017, prepared by Civil Design Group sheet 11 Construction Details, dated 11/02/2017, prepared by Civil Design Group sheet 12 Construction Details, dated 11/02/2017, prepared by Civil Design Group sheet 13 Stormwater Management Narrative, prepared by Civil Design Group Site Location and Description Methodology Soils and Ground Water Points of Analysis Existing Drainage Watershed Proposed Drainage Watershed PEAK FLOW RATE WATER QUALITY GROUNDWATER RECHARGE DRAINAGE CONVEYANCE SYSTEM COMPLIANCE WITH THE MA DEP STORMWATER HANDBOOK FIGURE 1: USGS PLAN FIGURE 2: SOIL MAP FIGURE 3: PRE-DEVELOPMENT WATERSHEDS FIGURE 4: POST-DEVELOPMENT WATERSHEDS BORING LOGS HYDROLOGICAL CALCULATIONS PRE-DEVELOPMENT HYDROCAD CALCULATIONS POST-DEVELOPMENT HYDROCAD CALCULATIONS APPENDIX-1 MASSACHUSETTS DEP STORMWATER REPORT CHECKLIST APPENDIX-2 OPERATION AND MAINTENANCE PLAN (O&M) (WITH LONG-TERM POLLUTION PREVENTION PLAN) Town of Andover Division of Public Works Letter, dated 11-22-2017, prepared by John Borgesi. TEC Letter, dated 11-27-2017 prepared by Peter Ellison Enforcement Order 981 Johnson Street (Bohenek) The Administrator givessome background on this Enforcement Order which originated when the new home owner was looking to replace his deck and found out that there was an unpermitted retaining wall on the property. At the last meeting the Commission made a recommendation of possibly grading out the yard and removing the wall. So the proposal that has been submitted to the Commission is to remove the existing retaining wall and to grade the yard and to put a fence at the top with signage to monument the new no disturbance zone, Mr. Bohenek has also agreed to have the Conservation Department provide the list of acceptable plants and trees for the area. Mr. Bohenek owner of the property states that he believes this proposal is consistent with what the Commission asked for and that the fence is being proposed for safety measure and to keep things out of the no disturb zone. The Administrator asks what the proposed fence would connect to or will it be freestanding fence that goes across the back of the property. Mr. Bohenek states that the proposed fence would be a free standing fence across the back. A motion to issue a new Enforcement Order to allow for the plan to be implemented is made by Ms. Feltovic and seconded by Mr. Saal. Vote: Unanimous Documents Plan of Land, prepared by Merrimack Engineering, dated 11/27/2017 440 Great Pond Road A motion to continue the public hearing at the request of the applicant to the January 10, 2018 meeting is made by Mr. Feltovic and seconded by Mr. Lynch Vote Unanimous Documents Email from Robert Prokop, dated 11/16/2017 242-1709. MOOC, 75 Nutmeg Lane (TZK) This item is taken out of order as the applicant is the last audience member present at the hearing. There is discussion among the Commission regarding the proposal to accept a new record plan showing a reduction in impervious area for both the house and the driveway. A motion to approve the new record plan as a minor modification is made by Ms. Feltovic and seconded by Ms. Lynch. Vote unanimous Documents Letter dated 11/28/2017, prepared by Tom Zahoruiko Plot Plan of Land, dated 06/09/2017, prepared by Sullivan Engineering Group General Business 242-1713, COC Request, 127 Vest Way (Marino) (Serwatka) There is discussion among the Commission regarding the project The Administrator states that the site has not been stabilized and due to the time of year this site will not be stabilized until next April of 2018. A motion to continue to April 25, 2018 is made by Ms. Feltovic and seconded by Ms. Lynch. Vote unanimous. Documents WPA form 8A Letter, dated 11/15/2017, prepared by Joseph J. Serwatka As-built, dated 11/07/2017, prepared by Joseph J. Serwatka 242-1715, COC Request, 127 Tucker Farm Rd (Moscarito) The Administrator states that the erosion controls have not been removed and signage have has not been erected. A motion to continue until the December 13, 2017 meeting is made by Ms. Feltovic and seconded by Ms. Lynch Vote unanimous 242-1661, COC Request There is discussion among the Commission regarding the project. The Administrator reviews the buffer zone plantings and states the site is in compliance. A motion to approve as conditioned is made by Mr. Ms. Feltovic and seconded by Ms. Lynch. Vote unanimous. 242-158, PCOC Request, 450 Bear Hill Road (Collins- Kelly) (Zachary Realty) The Administrator states the lots are non-jurisdictional. There is discussion among the Commission regarding the project. A motion to issue the PCOC for lots 75, 76 & 77 is made by Ms. Feltovic and seconded by Ms. Lynch. Vote unanimous. Documents WPA form 8A Letter, dated 11/21/2017, prepared by SKM, Amanda C Collins-Kelly, Esq. WPA Form 4 OOC, dated 09/08/1982 Primitive Subdivision Plan of Land of Bear Hill, dated 3/14/1982 Residential Property Card, 450 Bear Hill Road Public Lands Preservation Act (PLPA; S281; aka the Article 97 bill and no-net-loss bill) The commission agrees to support the changes to the Article 97 legislation as proposed. Documents Copy of PLPA S281 A motion to adjourn is made by Mr. Lynch and seconded by Ms. Feltovic. Vote unanimous.