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HomeMy WebLinkAbout2018-03-14 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes March 14, 2018 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr. Vice Chairman, Deborah A. Feltovic and Douglas W. Saal. Members Absent: John T. Mabon, Joseph W. Lynch, Jr. and Sean F. McDonough Staff Member Present: Merylle Chase, Department Assistant Meeting came to Order at: 7:05 pm Quorum Present. Pledge of Allegiance Request for Determination of Applicability 121 Millpond unit 12 Andy Street, Civil Design Consultants on behalf of the owners, states that at the last meeting on February 28, 2018 the Commission requested that the source of the discharge pipe attempt to be located. Since the meeting Rooter Man has come out to the site and inspected the line in question this was done by inserting a camera into the pipe system. The video along with a letter and pictures were submitted to the Commission. The Camera Inspection was able to determine that the pipe travels along the adjacent units and collects the runoff from the patios and gutter systems. There were no signs of sewer connections or smells of any kind, it is stormwater that is draining out of the pipe. Mr. Manzi confirms with Mr. Street that his concern was that this drain might have a sewer infiltration/inflow (INI) source. Mr. Street states that this pipe is strictly stormwater from a variety of sources and not from an INI source. A motion by Mr. Manzi to issue a negative determination #2 for work in Riverfront and #3 for work in Buffer Zone with special conditions for erosion control to fully wrap around the new outlet structure and for a pre and post construction inspection seconded by Ms. Feltovic Vote unanimous Documents Pipe Inspection Video, prepared by Civil Design Consultants (Rooter Man) date 03/12/18 Letter prepared by Andy Street, Civil Design Consultants, dated 03/12/2018 Aerial photo of site with Approximate of Ex outlet and ex. Pipe Figure 1 pipe inspection, prepared by Civil Design Consultants dated 03/12/2018 131 Cotuit Street Vito Iacoviello states that the project is to put and addition on the dining room on the second floor of the home, a design for the project has been submitted to the Commission and per the plan two support columns are needed both of which would fall within the 100 foot buffer zone. These support columns would be placed approximated four feet into the ground. The contractor plans to place these columns by utilizing a small tracked bobcat type machine, the holes are to be dug by hand. Mr. Iacoviello states that as the holes are dug the dirt will be put on a tarp and then used to fill the holes back in. Mr. Napoli asks if these holes are just for the sonotubes. Mr. Iacoviello states yes, but a precast support will be used not sono-tubes. A copy of the material specifications can be found in his project filing attachment 6. A motion by Ms. Feltovic to issue a negative #3 determination with post construction inspection seconded by Mr. Manzi. Vote unanimous Documents Application Checklist Request for Determination (RDA), prepared by Vito Iacoviello dated 02/13/2018 Notice Intent, prepared by Vito Iacoviello dated 02/21/2018 Abutters List, dated 02/2018 WPA Form 1 Request for Determination of Applicability, prepared by Vito Iacoviello dated 02/13/2018 Attachment 1, Lot Plan Attachment 2, Lot Plan Attachment 3, Photo of backyard Attachment 4, photo of rear deck Attachment 5, Photo of proposed addition Attachment 6, Footing /frost Post plan NHESP and Rivers Map 121 Abbott Street Angie Allen with Downer Brothers Landscaping and Mr. Salini owner of the property are here to speak regarding the proposed project for a backyard landscape improvement project and are requesting a Negative Determination of Applicability. This project is remove the existing deck and replace it with a smaller deck and patio, all footings will remain outside the 50 foot no build zone, the patio will be a natural limestone set on a fully permeable base, it will also have a retaining wall due to a grade change and allow for a flat grade with a planting bed behind. The existing landscape wall located within the 25 to 50 foot buffer zone will be reconfigured into two dry laid walls with landscaping per the design to include native plants between to help distinguish the 25 foot no disturb buffer zone. Ms. Allen states that in February of 2017 Heidi Gaffney the former Field Inspector had been to the site with Mr. Salini and had provide an existing conditions plan to Mr. Salini and also put pink wetland markers on the property which were determined at that time using an auger. Ms. Allen states that in the fall on 2017 Jennifer Hughes also walked the property with Ms. Allen and has seen the proposed landscaping plan for this project, as part of that plan the existing wetland flags and signs would remain on sight to be confirmed by Jennifer prior to construction. All proposed wall and landscape would be laid out using the confirmed wetland flags. Ms. Allen states that as part of this project some existing asphalt as see in figure 2 of the proposal would be removed approximately 500 square feet some of which is in the 50 foot no build buffer zone. Which would be balanced with the addition of the proposed patio with a permeable base. A filter sock is being proposed for use along the limits of disturbance which would go in before any disturbance happens and remain in place until the lawn has reestablished to make sure erosion would not be an issue. Mr. Manzi states that it is a nice plan but would like to see the reconfigured wall be contiguous not in sections as proposed. Ms. Allen would like to know if putting wetland 25 foot no disturb placards on each section of the proposed walls with landscape boulders between in the planting beds in lieu of a contiguous wall. Mr. Manzi states that a redesign of the project is not what is being requested but a permanent barrier to delineate and protect the 25 foot no disturb buffer zone. A contiguous wall would provide that whereas a sectioned wall would not. Ms. Allen asks if the Commission would be opposed to having the contiguous wall pulled back a little to the 25 foot line to potentially maximize the yard. Mr. Manzi states that the wall would need to stay out of the 25 foot buffer and can be configured anyway that suits the home owner as long as it is contiguous and out of the 25 foot buffer. Mr. Napoli states that the woodland edge of the property would need to have placards on it where the wall stops. Mr. Salini asks the Commission if the wall could be closer to the house for aesthetics would like to see the wall run parallel to the house. Mr. Napoli states that yes the wall can be closer to the house. Ms. Feltovic states that her only concern is that the proposal calls for a silt sock and the Commission would prefer to see a compost or bark mulch sock instead. Mr. Manzi states the matter should continue for the submission of a revised plan showing the contiguous wall. A motion to continue until the March 28, 2018 meeting was made by Ms. Feltovic and seconded by Mr. Manzi. Vote unanimous Documents Application Checklist Request for Determination (RDA), prepared by Angie Allen, dated 02/28/2018 WPA Form 1 Request for Determination of Applicability, prepared by Angie Allen, dated 02/28/2018 Notification to Abutters Abutter List, dated 01/01/2017 Certified 02/27/2018 USGS Quad (MASS GIS) Project Narrative, prepared by Angie Allen, dated 02/28/2018 Figure 1- As-Built Plan (2002) Figure 2- Photo existing asphalt to be removed Figure 3- Photo Deck to be replaced and location of proposed patio Copy of Filing Fee Check Conservation Commission Submission drawing sets 0-5 242-1721, 562 Boxford Street A motion to continue until the March 28, 2018 meeting was made by Mr. Manzi and seconded by Ms. Feltovic. Vote unanimous There are no abutters present for this project. 242-1627, COC Request, Great Lake Lane A motion to continue until the March 28, 2018 meeting was made by Ms. Feltovic and seconded by Mr. Manzi. Vote unanimous Documents Email from Tom Zahoruiko, dated March 02, 2018 requesting a continuance until the March 28, 2018 meeting 242-1719, Massachusetts Ave. @ Chickering Road Statement made by Mr. Napoli to the public that the trees in question from the last meeting are non-jurisdictional in regard to this property and project. Stormwater is what is being reviewed. and Larry Cash project manager for MassDOT. Ms. Hayden states that at the last meeting on February 28, 2018 the conditions which the Commission asked to have modified on the plans (Notice of Intent Revised Submission ) have been met. All trees on 591 Massachusetts Avenue that are being removed have been labeled as well as the demolition of the building. Also labeled is the driveway to be removed, and the area seeded and loamed. The tree report (Living Shade Tree Identification, North Andover Road Improvement Project, prepared by CLD Consulting, dated 05/11/2017) has also been provided to the Commission although it did not go before the Board of Selectman due to the fact it was determined that there were only 5 shade trees that would be affected by the proposed project, only 3 of which were living. Mr. Napoli and Mr. Manzi ask if there is anything else Ms. Hayden would like to say before the Abutters are given an opportunity to speak. Ms. Hayden also mentions that there was a different interpretation of what the requests were this was believed to be determined a right of way issue and that the concern of the Conservation Commission were the trees within the 25 foot buffer. well outside the limits of the 25 foot buffer. The trees on Mrs. L with the right of way process and an appraiser does come on to the property to ensure that she is compensated properly for the trees on her property it is not based solely on the plans which show a tree line and do not identif Mr. Napoli states that he has seen the plans and the trees that are jurisdictional are referenced on the plans, the trees that are not jurisdictional are between MassDOT and the homeowner. Mr. Manzi states that the abutters concern is the amount of trees referenced on the plans and the compensation for those trees. That is just an interpretation due to the fact a direct conversation has not been had with either MassDOT or this abutter. This appears to be the contentious issue. Ms. Hayden states that yes that is correct. Karen Lauro, 591 Massachusetts Avenue states that her understanding is that within 100 feet of the and that the 100 foot line passes in of the trees being taken within jurisdiction. Mrs. Lauro was told that in order to put in a handicap ramp a filing with the Conservation Department is needed and that the driveway would need to be removed and that a penetrable driveway would have to be put in and a handicap ramp installed due to the fact that so much of the land has been taken that in order to put in a handicap ramp some of the hardscape would have to be removed. Mrs. Lauro states that this was explained to her thru emails with Administrator. Mrs. Lauro would like clarification that 591 Massachusetts Avenue is either within the 100 Commission requires within the 100 foot buffer. From 100-50 feet is a different standard, 50- 25 feet different standard and 25 feet in is a different standard, as seen in the different project upon the location of where the project sits within that 100 foot jurisdictional area and the level of work being asked for. Trees on the outer edge of the 100 foot may not require the same permitting as would be required at the 25 foot. Ms. Lauro states that the trees in question would run between the 50-100 foot buffers. Mr. Manzi states that permits may not be needed if there is no impact on the no-build or no- disturb buffer zones. This project is now with Mass Highway and the Right of Way Division. Ms. Lauro states that removal of the driveway and turnaround is incorrect and not in the Agenda folder for information. Ms. Hayden states that yes in the Notice of Intent Revised Submission March 2018, page labeled Notice of Intent Plans 6 have the removed driveway, loam and seed and the lead up to the driveway. Mrs. Lauro states that it is not on page 8 where the demolition of the home is shown. Mr. Manzi asks Ms. Hayden for clarification on the page location for the information. Ms. Hayden states that it is on Notice of Intent Plans -6 and when the plans were submitted a note was made that the information could be found on that page. Mr. Napoli states that the driveway information and the arborist report were requested at the February 28, 2018 meeting and have been received from Ms. Hayden. Mr. Manzi asks Ms. Lauro if there is any other information she requires. Ms. Lauro states that apparently the information is on the plans submitted just not on the in their purview then they are not. Karen Farris, 1 Fernview Avenue the concern is the water, Andy Street who works for the Management Company took some pictures of typical water problem that occur on the property. Ms. Farris shows the commission a picture taken from 1 Fernview Avenue of the brook located at the property. Mr. Napoli asks Ms. Farris if this picture was taken after the recent snow storm. Ms. Farris confirms that yes it was taken after the last snow storm. Ms. Farris states that the engineer for the Management Company would like to speak to the Engineer for MassDOT due to the water issues on the property. Mr. Manzi asks Ms. Farris if the Engineer for the Management Company was here tonight. Ms. Farris states that no he is not. Ms. Hayden states that on April 9, 2018 this project will be presented to the Board of Selectman. Mr. Napoli and Mr. Manzi clarify that the right of way representative will be meeting with the abutters with respect to the trees and will be going before the Board of Selectman on April 09, 2018. Ms. Hayden confirms the information. Ms. Lauro question whether the tree count be done by the appraiser in the field or based on the plans. Larry Cash project Manager MassDOT, speaks to the question raised by Ms. Lauro and clarifies that the trees will be assessed during an appraisal to determine the property line and what trees fall within the area in question. A motion to close the public hearing and issue a decision in 21 days is made by Mr. Manzi and seconded by Ms. Feltovic. Vote unanimous. Documents Notice of Intent Revised Submission March 2018, Plans, 18 pages, prepared by Fuss & Living Shade Tree Identification , North Andover Road Improvement Project, prepared by CLD Consulting, dated 05/11/2017 Enforcement Order/Violation 25 Hollow Tree Lane No one is present for this hearing. Mr. Manzi states that this matter involves several properties and that all have received enforcement orders mandating filing and/or restoration at the February 28, 2018 meeting the Commission heard testimony that it was recommended that these enforcement orders be continued until the June 13, 2018 meeting to assess the restoration progress. No new information in the last two weeks has been received to suggest that a continuance until the June 13, 2018 should not be accepted. A motion to continue all enforcement orders with respect to Hollow Tree Lane and Winter Street be continued until the June 13, 2018 meeting is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous General Business 242-236, PCOC Request, Lot 7 (70 Pine Ridge Road) The Conservation Department assistant states that this is an old OOC and that the Order of Conditions were for the utilities and roadway only and that the lot in question was exempt from the order but required to obtain a separate OOC for any construction on this lot, of which an NOI was requested, a OOC DEP #242-554 was issued and a COC granted. A motion to approveand issue a Partial Certificate of Compliance was made by Mr. Manzi seconded by Mr. Saal. Vote unanimous Documents Letter, dated 02/20/2018 prepared by Robert Kline WPA Form 8A Request for Certificate of Compliance Decision 242-1719 The Commission reviews the drafted decision. The Conservation Department assistant states that Conservation Administrator makes note of a language change in regard to the requirement for the open Orders of Conditions under section 28 of the drafted Order of Conditions. A motion is made by Mr. Manzi to issue the Order of Conditions for 242-1719 as drafted, seconded by Ms. Feltovic Vote unanimous Adjournment 7:45pm A motion to Adjourn is made by Mr. Manzi, seconded by Ms. Feltovic Vote unanimous