HomeMy WebLinkAbout2018-07-11 Conservation Commission Minutes
North Andover Conservation Commission Meeting Minutes
July 11, 2018
Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr. Vice Chairman, Joseph W.
Lynch, Jr., Deborah A. Feltovic, Douglas W. Saal, and Sean F. McDonough
Members Absent: John T. Mabon
Staff Member Present: Jennifer A. Hughes, Conservation Administrator
Meeting came to Order at: 7:02 pm Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
Chairman Louis Napoli states that the minutes of June 13 have been reviewed and are ready
for approval.
A motion to approve the minutes of June 13, 2018 is made by Mr. Manzi and seconded by
Ms. Feltovic.
Vote: Unanimous (5-0)
Request for Determination of Applicability
Route 114 (MassDOT)
Sandra Sprague, of MassDOT District 4, presents the proposal to mill and repave a section of
route 114 including sidewalk reconstruction. She states there will be new sidewalk on the
Lawrence side of the project. The project will begin at Peters Street and include new ADA
compliant sidewalk ramps. Resource area in North Andover includes BLSF and Riverfront
near the Market Basket Plaza. New deep sump catch basins will be added in Lawrence to
account for the new sidewalk. Erosion controls will be installed along the project length
including silt sacks.
Mr. Lynch asks about the drainage in the Market Basket plaza.
The Administrator states she met with MassDOT and the plaza owners and a new filing
should be coming.
Mr. Lynch asks about catch basin adjustments.
Ms. Sprague states they will be replaced. She states work will be done at night.
Mr. Lynch asks about protection for the basins.
The commission discusses erosion control measures during construction.
(7:12 Mr. McDonough arrives)
The administrator states there will be new sumps in the basins.
Mr. Napoli states his concern that there are no new sidewalks beyond Boston Market.
Ms. Sprague states the commission should have the town engineer recommend sidewalks
when he comments on the upcoming route 114 project.
The Administrator states she will pass along Mr. Napoli’s concern about the sidewalks.
A motion to issue a Negative #2 determination with pre and post construction meetings and
construction monitoring reports to follow storm events of ½” or more is made by Mr. Lynch
and seconded by Ms. Feltovic.
There is discussion about how the catch basins will be constructed.
Vote: Unanimous (6-0)
Documents
WPA Form 1 – Request for Determination and supporting documents, received June
27, 2018, Prepared by Paul D. Stedman, District Highway Director
Plan titled: Resurfacing & Related Work on Route 114, Prepared by MassDOT
Highway Division, Date: 7/10/2018, Sheets 1, 4, 7, 9-12 & Firmette
730 Mass Avenue (B.P. Logue)
The administrator reviews the after the fact project request with the Commissioners.
Mr. Manzi asks if the generator location was chose based on the location of the electrical
service.
Bryan Logue states the location was chosen based on the owner’s desired location.
Mr. Napoli states aesthetics is not the commission’s concern.
Mr. Lynch and Mr. Napoli discuss the location of the propane tanks/gas service.
The commission asks how the generator got installed without a permit.
The Administrator reviews the online permitting process. She states the applicant did not
have conservation sign-off and the permit had not been issued.
Mr. Lynch states generators need to be outside the 50’ No-Build Zone.
Mr. Manzi states an alternatives analysis is needed.
Mr. Lynch states the analysis can be done but it is likely the generator may still need to be
moved.
Mr. Saal states there appears to be room on the other side of the house.
Mr. Napoli states the propane and the generator should be included in the RDA filing.
A motion to continue the matter to the 7/25/18 meeting is made by Ms. Feltovic and
seconded by Mr. Manzi.
Vote: Unanimous (6-0)
Documents
WPA Form 1 -Request for Determination of Applicability, prepared by Bryan Logue,
including abutter notification and waiver request
Photos of generator, location & distance to wetland
Plot Plan, prepared by David J. Abrahams & Associates
78 Great Pond Road (Milona)
The Administrator presents the proposal to install an above-ground pool with a deck on three
sides. She states a site visit was conducted and the pool was staked and is 50 feet from the
wetland resource area.
Nicholas Milona, homeowner, states the pool will need to be hand dug.
Mr. Lynch states a small bobcat should be feasible. The grade difference is approximately 4
feet.
The Administrator states a cartridge style filter should be required.
Mr. Napoli states he has no issues with an above ground pool this close to the house.
The Administrator states the stockpile should be within the erosion controls.
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Mr. Lynch states he is fine with the deck up against the house. He asks about 4 side of pool.
Mr. Milona states he knows he would need to cantilever a deck on that side.
A motion for a Negative Determination #3 requirement for a cartridge style filter, erosion
controls and stockpile location with pre and post construction inspections is made by Ms.
Feltovic and seconded by Mr. Lynch.
Vote 6-0 unanimous.
Documents
RDA Application Checklist
WPA Form 1 -Request for Determination of Applicability, prepared by Nicholas
Milona dated June 25, 2018
Town of North Andover Abutters Listing,, dated 06/25/2018 and Notification to
Abutters including certificates of mailing
Portion of Site Plan stamped June 26, 2018 (hand sketch of pool to scale)
Notices of Intent
242-1737, Annual Road Maintenance (DPW)
Administrator states a conditional letter has been received from NHESP and should be
attached to the OOC.
A motion to close the public hearing and issue an Order of Conditions in 21 days is made by
Mr. Lynch, seconded by Ms. Feltovic.
Vote 6-0 unanimous.
242-1738, 500 Boxford Street (Donovan) (Andover Consultants)
The Administrator states the applicant has requested a continuance to 7/25/18.
A motion to grant the continuance at the request of the applicant is made by Ms. Feltovic and
seconded by Mr. Manzi.
Vote 6-0 unanimous
Documents
Email request to continue prepared by Dennis Griecci of Andover Consultants dated
7/9/18
242-1735, 1429 Osgood Street (Oliver Enterprises) (Allen & Major)
A motion to continue to the July 25, 2018 meeting at the request of the applicant is made by
Ms. Feltovic and seconded by Mr. Saal.
Vote 6-0 unanimous.
Documents
Email from Bridget Souza dated 07/10/2018 requesting a continuance until
07/25/2018.
242-1675, Amendment Request, 40 Hillside Road (Wallace) (Williams & Sparages)
Greg Hochmuth of Williams & Sparages reviews the as-built plan. He points out minor
differences from the proposed plan including a different configuration of the house and deck
and adjustments to the driveway. All structures are outside the 50-foot No-Build Zone. The
No-Disturbance wall is outside of the 25-foot zone.
Mr. Hochmuth reviews the new project which was to be 3:1 grass slope but will now be a
patio with a small retaining/sitting wall. Plantings will be added across the site inside the
wall. He reviews the Wallace’s request to remove trees that fell in the winter storms within
the pond and wetland resource areas. He states there are root balls sticking up. The trees
would be saw cut and a winch would be used to remove them with a small path of
disturbance. Erosion control would be installed where needed.
Mr. Manzi asks that each tree be reviewed individually for habitat value.
Mr. Napoli states some trees will need to remain where they are.
The remainder of the commissioners present agree that the storm damaged trees should be
looked at individually to determine their contribution to habitat value in the pond and
surrounding wetland.
The commission states that a new condition should be added to the amended Order of
Conditions requiring review of the trees by the administrator with a report back to the
commission at a public meeting.
Mark Fischer of 65 Hillside Road states his concern for the increase in impervious area and
how it affects groundwater on his property.
Mr. Lynch states that single family house lots are exempt from stormwater review.
Mr. Hochmuth points out that no stormwater from the site drains across the street. It all
remains on site.
Mr. Fischer has concerns about how the trees will be removed.
Mr. Lynch states the trees should be removed under frozen conditions.
Mr. Manzi reviews the plan and states the trees are no large. He also states the field across
the street near Mr. Fischer that has wetlands.
A motion to close the public hearing and issue an amended Order of Conditions is as
discussed is made by Mr. Manzi seconded by Ms. Feltovic.
Vote 6-0 unanimous
Documents
Request to Amend Order of Conditions dated June 19, 2018, prepared by Williams &
Sparages, LLC, including narrative, affidavit of service, notification to abutters,
abutters listing,
Plan to Accompany a Request to Amend dated June 15, 2018 prepared by Williams &
Sparages stamped by Richard L. Williams, P.E.
General Business
242-1691, COC Request, Phase 2 Sidewalk and Pedestrian Improvements Route 114/125
(VHB) (MassDOT)
The Administrator states the applicant requests a continuance to the 7/25/18 meeting.
A motion to continue to the July 25, 2018 meeting is made by Ms. Feltovic and seconded by
Mr. Manzi.
Vote 6-0 unanimous.
Documents
Email from Jay Quattrocchi dated 07/11/2018
242-683, PCOC Request, 174 Weyland Circle Lot 32 (Summer Street Realty)
The administrator states the lot is not within jurisdiction and does not contain any of the
stormwater infrastructure. She recommends issuance of the PCOC.
A motion to issue a PCOC for 174 Weyland Circle, Lot 32, is made by Mr. Manzi and
seconded by Ms. Feltovic.
Vote: Unanimous 6-0
Documents
WPA Form 8B (Certificate of Compliance)
Half Mile Hill Agricultural
The commission reviews the draft and makes several edits.
Enforcement Order/Violation
46 Hollow Tree Lane (Lally)
The administrator reviews the requirements of the enforcement order including an RDA
to be filed and a restoration plan presented. She is concerned about the lack of a detailed
plan.
Mr. Lally, homeowner, states he had a delineation done and would like to create a No-
Disturbance Zone at the closest point of 25’ then run a straight line.
The commission states a rock wall monumenting the No-Disturbance Zone is usually
required. Mr. Lally was hoping to do posts and markers.
The administrator states a MESA filing is still needed.
Mr. Lynch states a survey plan of the work area is needed with the house or property line
shown for reference. A wetland delineation report should also be provided detailing the
methodology used to determine Bordering Land Subject to Flooding and Riverfront if
present. The property is also in endangered species habitat and NHESP should be
consulted. He states Hancock Associates, who Mr. Lally has already worked with, could
do the remainder of the work.
Mr. Manzi states the requirements should be written up. He states Mr. Lally has been
very cooperative and attended all the meetings.
The administrator states the requirement for a stone wall should be included.
Mr. Napoli states the Enforcement Order should be extended.
Mr. Manzi states a boundary line survey is needed.
There is discussion of abutter notification.
Mr. Saal states the association could be notified.
A motion to continue the matter to the August 22, 2018 meeting is made by Mr.
McDonough and seconded by Ms. Feltovic.
Vote: Unanimous 6-0
Documents
46 Hollow Tree Lane Restoration Plan
PowerPoint: NHESP Map, Property Map, USGS Map
440 Great Pond Road (Prokop)
Bob Prokop of Wetland Consulting Services presents the work done under the
preliminary restoration plan where the sheds and the majority of the slash were removed.
A new planting plan has been prepared focusing on the area where the structures were
taken out. The wetland was delineated and wetland markers will be placed as shown on
the plan. Planting will be delayed to fall.
Mr. Lynch asks about invasive species management.
Mr. Prokop states this will need to be monitored.
The commission discusses regeneration of the River Birch which was not visible at the
site visit due to the high water level in the lake.
A motion to amend the Enforcement Order to reference the new restoration plan and
timeline is made by Mr. Manzi and seconded by Ms. Feltovic.
Vote: Unanimous 6-0
Documents
Letter from Wetland Consulting Services, RE: Restoration Plan, dated July 5, 2018,
Figure 1 Planting Plan, dated 7/3/2018.
Decision
242-1737, Annual Road Maintenance (DPW)
The commission discusses the general permit which will incorporate the NHESP
requirements. Changes are made.
A motion to approve the positive Order of Conditions as drafted and amended is made by
Mr. Lynch and seconded by Ms. Feltovic.
Vote: Unanimous 6-0
Adjournment
A motion to adjourn is made by Mr. McDonough and seconded by Mr. Manzi at 9:10
p.m.
Vote 6-0 unanimous