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HomeMy WebLinkAbout2018-05-09 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes May 09, 2018 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr. Vice Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic and Douglas W. Saal. Members Absent: John T. Mabon and Sean F. McDonough Staff Member Present: Jennifer A. Hughes, Conservation Administrator, and Savanna McInvale Conservation Field Agent Meeting came to Order at: 7:02 pm Quorum Present. Pledge of Allegiance Jennifer Hughes introduces the new Conservation Field Agent Savanna McInvale to the Acceptance of Minutes A motion to accept the minutes of April 25, 2018 as drafted and reviewed is made by Mr. Manzi seconded by Ms. Feltovic. Vote 5-0 unanimous Small Project NACC #210, 58 Cobblestone Circle (Leonard) The Administrator gives some background on the project which is to convert an existing deck into a three season room. There will not be any ground disturbance for this project. There will be a downspout for the rainwater runoff. A motion is made to accept this as a small project L is made my Mr. Manzi seconded by Mr. Lynch. Vote 5-0 unanimous A motion is made to approve as a Small Project L with conditions for Wetland Markers and a post construction inspection is made my Mr. Manzi seconded by Ms. Feltovic. Vote 5-0 unanimous Documents Application Checklist Small Project 58 Cobblestone Circle Aerial Photo North Andover MIMAP Copy 58 Cobblestone Circle, dated 04/30/18 Design Drawings Structure Design, prepared by Juan Morales-Uterera Plot Plan, prepared by Jeffrey Hoffman, dated 08/03/1994 NACC #211, 16 Beaver Brook Road (Patel) The Administrator reviews the project request to rebuild a failed retaining wall at 16 Beaver Brook Road with the Commission. A motion is made to accept this as a small project L is made my Mr. Manzi seconded by Mr. Lynch. Vote 5-0 unanimous A motion is made to approve as a Small Project L with conditions for all material storage to be outside the 100 foot buffer and a post construction inspection is made my Mr. Manzi seconded by Ms. Feltovic. Vote 5-0 unanimous Documents Application Checklist Small Project 16 Beaver Brook Road Aerial Photo Photograph 1 & 2 of Retaining Wall Request Letter Copy of Partial Plot Plan Request for Determination of Applicability RDA, 35 Dale Street (Gibraltar Pool) A motion to continue until the June 13, 2018 meeting is made by Mr. Lynch seconded by Ms. Feltovic. Vote 5-0 unanimous Documents Email from Jay Henshall requesting a continuance until the June 13, 2018 meeting Filter Product Sheet Pump Product Sheet Pool Maintenance Requirements Notice of Intent (NOI) 242-1721, 562 Boxford Street (Sirius Development) (Christiansen & Sergi) A motion to continue until May 23, 2018 is made by Ms. Feltovic seconded by Mr. Saal. Vote 5-0 Unanimous Documents Email from T.J. Melvin, Christiansen & Sergi requesting a Continuance until 05/23/2018 Letter prepared by James Melvin, Jr. dated 05/02/2018 Notice of Intent Plan containing 2 sheets, prepared by Philip Christiansen dated 10/30/17, revs. 11/7/17, 11/28/17, 12/6/17, 3/2/18, 4/11/18, 5/2/18, 5/8/18 Letter prepared by James Melvin, Jr. dated 05/08/2018 242-1728, 500 Boxford Street (Donovan) (Andover Consultants) A motion to continue until May 23, 2018 is made by Ms. Feltovic seconded by Mr. Saal. Vote 5-0 Unanimous Documents Email from Dennis Griecci Andover Consultants requesting a Continuance until 05/23/2018 Enforcement Orders/Violations 63 Crossbow Lane (Duffy) A motion to continue until May 23, 2018 is made by Mr. Manzi seconded by Ms. Feltovic. Vote 5-0 Unanimous Documents Email from Dennis Duffy requesting a continuance until 05/23/2018 meeting General Business 242-1347, COC Request, Airport Vegetation Management Plan (Stantec) (Lawrence Municipal Airport) A motion to continue until May 23, 2018 is made by Ms. Feltovic seconded by Mr. Manzi. Vote 5-0 Unanimous Documents Email from Randall Christiansen, Stantec Requesting a Continuance until 05/23/2018 meeting 242-1642, COC Request, Runway 14-32 Safety Area Project (Stantec) (Lawrence Municipal Airport) A motion to continue until May 23, 2018 is made by Ms. Feltovic seconded by c Mr. Manzi. Vote 5-0 Unanimous Documents Email from Randall Christiansen, Stantec Requesting a Continuance until 05/23/2018 meeting Notice of Intent (NOI) 242-1732, Pleasant Street- Stevens Pond (DPW) (Solitude Lake Management) The administrator reviews the request with the Commission there is discussion amongst the Commission regarding the request for a Water Quality Testing Report as part of the condition for this project. A motion to the close the public hearing and issue within 21 days is made by Mr. Manzi and seconded by Ms. Feltovic Vote 5-0 unanimous. Documents Solitude Lake Management, Stevens Pond Year End Report, dated 04/25/2017 NACC #208, Regency Place Lot 8 (NA Realty Corp.)(Norse Environmental) Maureen Herald, Norse Environmental Services; at the last Conservation Meeting minor revisions were requested. The walkways, pool, fence and patios stockpiles, needed to be shown on the plans. Since the April 25, 2018 meeting those details have been added to the plans and the revised plans have been submitted to the Conservation Commission and are now in front of you for review. A motion to the close the public hearing and issue within 21 days is made by Mr. Manzi and seconded by Ms. Feltovic Vote 5-0 unanimous. Documents Letter, prepared by Maureen Herald Norse Environmental dated 05/04/2018 Notice of Intent Site Plan, prepared by Stephen Dresser, dated 04/11/2017 revs. 05/02/18 242-1733, 48 Regency Place (NA Realty Corp.)(Norse Environmental) Maureen Herald, Norse Environmental Services; at the last Conservation Meeting minor revisions were requested. The walkways, pool, fence and patios stockpiles, needed to be shown on the plans. Since the April 25, 2018 meeting those details have been added to the plans and the revised plans have been submitted to the Conservation Commission and are now in front of you for review. A motion to the close the public hearing and issue within 21 days is made by Mr. Manzi and seconded by Ms. Feltovic Vote 5-0 unanimous. Documents Letter, prepared by Maureen Herald Norse Environmental dated 05/04/2018 Notice of Intent Site Plan, prepared by Stephen Dresser, dated 04/11/2017 revs. 05/02/18 242-1734, 980 Forest Street (Thibaud) (Norse Environmental) Maureen Herald, Norse Environmental Services; the last Conservation Meeting there were questions regarding the placement of wetland flags 3b thru 5b new flags, therefore the flags were moved upward 5 feet to the top of the bank and are now reflagged as 3c-5c. The Administrator states that the new wetland flags now put the existing deck in the 50 foot no- build zone but that it is an existing structure. The Administrator believes a wall or fence is needed to restrict further encroachment of wetland. Mr. Lynch asks about the encroachment into the wetland with lawn. Mr. Lynch would like to see a 2x2 stone wall constructed as a barrier to the Wetland. Ms. Herald asks if expanding the planting into the 50 foot buffer could be done instead of a stone wall. The Commission and the Administrator are discussing the need for a wall to provide a permanent marker to the 25 foot no disturb zone of the Wetland with conditions for the replanting of the 25 foot no-disturb zone. A motion to the close the public hearing and issue within 21 days is made by Mr. Manzi and seconded by Ms. Feltovic Vote 5-0 unanimous. Documents Letter, prepared by Maureen Herald Norse Environmental dated 05/04/2018 Notice of Intent Site Plan, prepared by Stephen Dresser, dated 04/11/2017 revs. 05/02/18 242-1735, 1429 Osgood Street The Administrator reviews the proposed project with the Commission. Wayne Keefner, Allen and Major states that this site is approximately 2 acres in size and is mostly impervious surface consisting of asphalt and building roofs. There are 2 resources that impact the site, there is a BVW to the South and an unnamed perennial stream to the south also. Mr. Keefner states that the project is to renovate the interior of the building, repave the isles and the parking area on the outside. There is currently no stormwater management on site so as part of the site improvements some rain gardens will be added to provide for water quality treatment. The existing parking lot extends into the 25 foot no-disturb zone and into the 50 foot no-build zone also. There is currently asphalt on site that extends into the Wetland itself and over the property line on the south side. As part of this project that asphalt would be cut back to the property line. Waivers have been requested for work within the 25 foot no disturb zone and the 50 foot no build zone. The Administrator states that the Wetland line has been reviewed and a Peer Review is being done. The Administrator does not think that the proposed material storage should be allowed in the no-disturb zone or the no-build zone. Jeff Oliver, Oliver Enterprises states that the material storage in that area would mostly be stone and if storage was needed for mulch, sand or aggregate it would be done in a different location. Mr. Keefner states that a response to the Peer Review comments would be addressed and changes can be made. Mr. Lynch asks what the contaminations risks for this property are. Mr. Keefner the property ground water varies a lot in this site which makes it a complicated sight. Mr. Lynch would like to see the stormwater improved by this project and does not want to see more damage done to this site. Mr. Manzi questions the water table information and what can be done since the site is at water table. Mr. Keefner states that some of the test pits toward the back of the site the water is right below the asphalt, there is an area right behind the building where the water is about 1 foot down and then an area to the side of the building where there was no water at 5 feet down. The site sits low with hills surrounding it. Mr. Keefner states that several ideas have been reviewed but the concerns were in adding more structures to an already comprised sight it could create more problems. The Administrator asks for more information on the proposed rain garden structures. Mr. Keefner states that a swale is proposed as part of this project. Mr. Lynch is requesting more information on the stone discharge area. Mr. Keefner states that new drainage and the possibility of needing a geotech under the asphalt. Mr. Napoli asks for clarification on the soil contamination. What is the gray structure shown in the rear of the property? Mr. Keefner states that there was prior soil contamination that has been cleaned up and closed out. Mr. Oliver confirms that a report shows site cleaned up as well as it being closed out. Mr. Oliver states that it is an old foundation and is scheduled to be removed. Mr. Lynch asks if there are any on-going treatments from the cleanup of the contamination. Mr. Keefner states that there are no ongoing or treatments on site. The Administrator and the Commission would like a copy of the close out report. Mr. Keefner states one will be supplied to the Commission and the Administrator. The Administrator would like to review the planting plan with the applicant and Mr. Keefner. Mr. Napoli asks if there are any abutters that would like to speak. No abutters come forth to speak. Mr. Manzi asks if the Administrator has given the applicant a list of items needed. The Administrator states that the information was just recently provided to the Conservation Department so a list of items is not available at this time. A Motion to continue until the May 23, 2018 meeting is made by Mr. Manzi, seconded by Ms. Feltovic. Vote 5-0 unanimous Documents North Andover Conservation Commission Waiver Request Form, prepared by Wayne Keefner Allen & Major Assoc. dated 04/12/2018 Letter, prepared by Wayne Keefner Allen & Major Assoc. dated 04/12/2018 Project Narrative WPA Form 3 Notice of Intent, prepared by Wayne Keefner, dated 04/12/2018 NOI Wetland Fee Transmittal Form Application Checklist Notice of Intent (NOI)prepared by Ryan Bianchetto, dated 02/21/18 MassDEP Bordering Vegetated Wetland Delineation Field Data Form, prepared by Allen & Major Assoc. EX-1 USGS Site Locus Map, prepared by Allen & Major Assoc. dated 04/12/18 EX-2 Aerial Image, prepared by Allen & Major Assoc. dated 04/12/18 EX-3 MA GIS Wetlands Map, prepared by Allen & Major Assoc. dated 04/12/18 EX-4 FEMA FIRM MAPS, prepared by Allen & Major Assoc. dated 04/12/18 EX-5 Priority & Estimated Habitats, prepared by Allen & Major Assoc. dated 04/12/18 Affidavit of Service, prepared by Wayne Keefner, dated 04/12/18 Notification to Abutters Town of North Andover Abutters Listing, prepared by Samuel Cheney, dated 03/12/2018 Town of North Andover Conservation Commission Filing Fees Calculation Copy of Checks to the Town of North Andover & Commonwealth of Mass. Copy of Massdep Transmittal Form for Permit Application & Payment, prepared by Allen & Major Assoc. dated 04/12/18 Drainage Report, prepared by Allen & Major Assoc. dated 04/12/18 Operations & Maintenance Plan, prepared by Allen & Major Assoc. dated 04/12/18 HYDROCAD Worksheets, Existing Conditions, prepared by Allen & Major Assoc. dated 04/12/18 HYDROCAD Worksheets, Proposed Conditions, prepared by Allen & Major Assoc. dated 04/12/18 Exhibits EX-1 USGS Site Locus Map Exhibits EX-2 Aerial Photo Exhibits EX-3 MA GIS Wetlands Map Exhibits EX-4 FEMA FIRM Map Exhibits EX-5 MA GIS NHESP 2008 Priority & Estimated Habitats Rainfall Data NRCS Soils Report Test Pit #1 Log Test Pit #2 Log Test Pit #3 Log Test Pit #4 Log Watershed Plans EWS Existing Watershed Plans, prepared by Allen & Major Assoc. dated 04/12/2018 Watershed Plans PWS Proposed Watershed Plans, prepared by Allen & Major Assoc. dated 04/12/2018 Planning Board Special Permit & Notice of Intent Plans, prepared by Wayne Keefner, Allen & Major Assoc. dated 04/12/2018 Letter, prepared by Janet Carter Bernado, Horsley Witten Group, dated 05/02/2018 Enforcement Order/Violation 193 Foster Street (Owens) The Administrator states that a site visit was conducted and the Wetland line was reviewed and confirmed and it does put the project in the 50 no-build zone. However this was built on top of an existing structure which consisted of a perimeter wall was surrounding a paver patio on top of sand that was already on the site. Therefore recommends an after the fact RDA filing for the project and revision of the enforcement order to allow time for the owner to file for an RDA. The Commission is discussing the history of the site and the reasons behind filing for an after the fact RDA. A motion is made to continue for three months is made by Ms. Feltovic, seconded by Mr. Manzi. Vote 5-0 unanimous 46 Hollow Tree Lane (Lally) The Administrator states that the enforcement order required Mr. Lally to have a survey plan of the property done. Mr. Lally has since done a delineation but not a survey plan. Mr. Lally asks the Commission to allow the restoration of 25 foot no-disturb to be done using a seed mix. Mr. Lynch inquires as to the Natural Heritage impact on this property and if the work that was done meet the NOI or RDA standards. Mr. Lynch asks the Administrator if a seed mix would satisfy or if plantings would also be required. The Administrator states that the delineation has yet to be reviewed and there is potential for riverfront also on this property. Mr. Lally states that it was deemed an intermittent stream on the delineation. Mr. Lally is awaiting a response from Natural Heritage. There is discussion amongst the Commission and the Administrator regarding the enforcement order and how to proceed in regard to a filing for an RDA depending on what Natural Heritage requires. The Administrator states that as part of a full restoration of the 25 foot no-disturb zone monumentation would also be required. Mr. Lally asks for clarification of the monumentation that would be required. The Administrator states that the Commission will want some kind of a barrier between the new yard and this 25 foot no-disturb restoration area. Mr. Lally asks if he can remove the logs that are currently in the front of his property. The Commission will allow Mr. Lally to remove the logs from his property. There is discussion between the Commission, the Administrator and Mr. Lally on how much time is needed to continue in order for an after the fact filing of an RDA to be done. A motion to continue for 2 months is made by Ms. Feltovic, seconded by Mr. Manzi. Vote 5-0 unanimous Documents Email from Mr. Lally dated 05/09/18 Drawing of property for 46 Hollow Tree Lane General Business 242-1592, COC Request, Stevens Pond (DPW) (SOLitude) The Administrator gives an overview of the project and the request. A motion is made to grant a Certificate of Compliance for DEP # 242-1592 for Stevens Pond is made by Mr. Manzi, seconded by Ms. Feltovic. Vote 5-0 unanimous Documents WPA Form 8A 242-475, PCOC Request, 989 Salem Street (Dolan) The Administrator gives an overview of the project and the request. A motion is made to grant a Partial Certificate of Compliance for DEP # 242-475 for 989 Salem Street is made by Mr. Manzi, seconded by Ms. Feltovic. Vote 5-0 unanimous Documents WPA Form 8A 242-1677, COC Request 350 Winthrop Avenue (Retail Management) The Administrator shows the Commission new pictures that were taken of the site, and reviews the site visits and signage. There is one are in the front that was loamed and seeded this week which has not stabilized. Peter Ellison TEC on behalf of the owner for this project, presents pictured that were taken this afternoon May 09, 2018 of the site and the logs as well as the erosion controls have now been removed. A motion is made to grant a Certificate of Compliance and hold until planting has stabilized is made by Mr. Manzi, seconded by Ms. Feltovic. Vote 5-0 unanimous. Documents Letter, prepared by Peter Ellison , TEC dated 12/14/17 WPA Form 8A As-Built, Site Plan, Driveway Culvert Improvements, prepared by Peter Ellison, TEC dated 12/14/2017 Decisions NACC#208 Regency Place A motion to issue as drafted and amended is made by Mr. Lynch seconded by Ms. Feltovic Vote 5-0 unanimous 242-1733, 48 Regency Place A motion to issue as drafted and amended is made by Mr. Manzi seconded by Ms. Feltovic Vote 5-0 unanimous 242-1732, Pleasant Street- Stevens Pond (DPW) A motion to issue as drafted and amended is made by Mr. Manzi seconded by Ms. Feltovic Vote 5-0 unanimous Greg Smith 140 Main Street would like to speak with the Commission regarding landscaping problems with Sutton Pond and the dumping of landscaping debris from Sutton Pond Condominiums There is discussion amongst the Commission regarding the Landscaping and Septic actives on the property. Mr. Greg Smith, 148 Main Street, asks to speak with the Commission regarding the pumping station for 148 Main Street, and the landscaping activities in regard to debris and mulch being blown into the Pond. Mr. Smith has concerns about the trash and debris that is on the embankment at the rear of the Town Hall parking area. The Administrator states that the embankment is not Town property and is owned by Dizzy Bridge Realty Trust. The Administrator states that this area was requested for cleanup as part of the DPW cleanup day. The Commission would like a cease and desist order issued to the Sutton Pond Condominiums A motion is made by Mr. Lynch seconded by Mr. Manzi. Vote 5-0 unanimous Adjournment A motion to adjourn is made by Ms. Feltovic seconded by Mr. Manzi Vote 5-0 unanimous