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HomeMy WebLinkAbout2018-08-22 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes August 22, 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: Sean F. McDonough, John T. Mabon Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:03 Quorum Present. Pledge of Allegiance Small Project NACC #218, 48 Caroline Way (Community Preschool)  The Administrator states request is for a small project permit for sewer connection to existing stub running under Edgewood Driveway.  Mike Melvin, of Brothers Home Services, states the preschool is currently on septic but there are problems with the existing septic per the NA Health Department and it needs replacement. Project will include removal of septic tank and connection to town sewer. Arco Excavators, Inc. will pump and crush the tank, trench the new line and install erosion control. Peter Breen to do back fill and final grade work. Brothers Home Services will do drainage tie-in inside structure and any needed drainage repairs.  Mr. Lynch states he remembers when the commission required the stub to be placed.  A motion to accept this as a Small Project D is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0Unanimous.  A motion to approve the small project permit as proposed with conditions for installation of erosion controls and pre and post construction inspections is made by Mr. Manzi and seconded by Mr. Lynch.  Vote 5-0 Unanimous. Documents  Application Checklist- Small Project  Water and Sewer Services Plan  Site Plans NACC # 219, 283 Campbell Road (Tree Removal, Tschirhart)  The Administrator states the request is for a small project permit for tree removal. Prior site visit has been done, and she states it is clear that three of the trees are dead/dying and pose a hazard. Several others are alive but the homeowner would like them removed for safety concerns.  Mr. Napoli states he is not a fan of cutting live trees but understands the need to remove trees because of safety risk.  Applicant, Mr. Tschirhart feels trees in question are a safety risk as they lean in toward the home and sway with heavy winds. He states he is not looking to expand the yard and is staying within the same yard footprint.  Mr. Lynch wants to be clear that none of the proposed take down trees are within the 25ft no disturb zone, closest is 50ft.  The Administrator states closest take down tree is 48 ft. and is not within the no disturb zone.  Mr. Manzi asks about type of equipment to be used for removal. 1  Mr. Tschirhart confirms that trees being removed will not be dropped, they are to be lifted with cranes and brought up over house.  A motion to accept this as a Small Project L is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0 Unanimous.  A motion to approve the project as proposed with special conditions for no equipment in the 50’ No-Build Zone, all debris to be removed from the site and stumps to be cut flush is made by Mr. Manzi and seconded by Mr. Lynch.  Vote 5-0 Unanimous Documents  Application Checklist- Small Project  Letter to Conservation Department, dated August 15, 2018  Valley Tree Service, work proposal, dated August 14, 2018 Request for Determination of Applicability 730 Massachusetts Avenue (B.P Logue)  A motion to continue at the request of the applicant to the September 12, 2018 meeting is made by Mr. Napoli seconded by Mr. Lynch.  Vote 5-0 Unanimous. Documents  Email from bryan@bplogue.com requesting a continuance until 09/12/2018 Notice of Intent (NOI) 242-1735, 1429 Osgood Street (Oliver Enterprises) (Allen & Major)  Bridget Souza, of Allen & Major Assoc. states project was approved for a site plan special permit for a contractor's yard at the last Planning Board meeting. All paperwork has been submitted with the exception of the septic plans. Comments have been received from the Board of Health and they are working on updating plans, layout will not change. Comments are to address more details regarding brands of tanks, distribution boxes and such.  Mr. Lynch asks what work is being done on site, he’s seen lots of construction activity.  Mr. Oliver states they have materials on-site and that no work is being done other than holes that have been dug for septic test pits.  The Administrator states she made a call out to site. Materials were brought out to project from another location, materials have been removed. Project is within the Planning Board 20 day appeal period, Oliver Enterprises has been notified no work is to be done.  Mr. Napoli states he has seen activity on-site and asks if the concrete pad has been removed.  Mr. Oliver states no construction has been done with the exception of minor inside office repairs.  Mr. Napoli asks about location of septic.  The Administrator states no concerns on septic since it was moved to new location outside of jurisdiction.  Mr. Napoli requests 21 E be on file.  The Administrator states 21 E is on file. Order has been drafted but list of discharge statement needs to be provided.  Mr. Manzi askes Administrator about outstanding waivers.  The Administrator states they still need waivers for the 25 and the 50. An alternatives analysis has been done and project is a net benefit to the resource area, pulling up pavement, putting in bio retention and plantings.  A motion to grant the waivers of both the 25-foot No-Disturbance Zone and the 50-foot No-Build Zone is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0 Unanimous. 2  A motion to close the public hearing and issue an Order of Conditions is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Documents  Revised Drainage Report, prepared by Allen & Major, dated July 5, 2018  Revised Civil Plan Set, prepared by Allen & Major, dated July 5, 2018  1429 Osgood Street Details C-501, prepared by Allen & Major, dated April 12, 2018  Review Response Letter, dated July 5, 2018  Grading & Drainage Plan, prepared by Allen & Major, dated April 12, 2018 242-1739, Rea Street Subdivision (Messina Development) (Christiansen & Sergi)  Mr. Manzi has recused himself from this project due to a conflict of interest.  A motion to continue until September 12, 2018 is made by Mr. Saal, seconded by Mr. Lynch.  Vote 4-0 Unanimous. Documents  Email from messinanewhomes@gmail.com requesting a continuance until 09/12/2018 242-1740, 1160 Great Pond Road (North Andover Solar, LLC) (Sanborn Head & Assoc.)  The Administrator reviews the solar project with the Commissioners.  Mr. Napoli asks if the wetlands have been reflagged.  Eric Steinhauser states they would like the wetland delineation to be done prior to the start of construction. If wetlands fall within the layout plan, the layout can be changed to reflect a new wetlands line.  Mr. Lynch states that request is denied and the resource area has to be flagged now since the line will be locked in for the three year life of the permit.  Mr. Napoli states that wetlands should always be delineated before the start of a project.  The Administrator states the wetlands should be re-flagged based on the prior survey and she will review.  A motion to continue until the September 12, 2018 meeting is made by Mr. Napoli, seconded by Mr. Manzi.  Vote 5-0 Unanimous. Documents  Final Solar Farm Storm water Report, dated June 2017  O&M Plan, dated August 2017  Brooks School Solar Farm NOI (Final), dated July 26, 2018 General Business 242-1045, COC Request 675 Chickering Road (430 Osgood Street) (NA High School) (DGT Assoc.)  The Administrator states a letter was sent to seize the bond with no response. Treasurer's office needs estimate of work to be done to release amount needed to do work. Administrator would like Commissions opinion on what type of as-built to be done. The choices are a full on the ground as- built survey or aerial survey.  Mr. Napoli has spoken with the Assistant DPW Director who is requesting a full as-built.  Mr. Lynch states a full as-built can be done either on the ground or aerial. Aerial survey would be less precise and states that since we already have a partial as-built an aerial might be sufficient. Bond amount allows for full on the ground as-built.  Mr. Manzi states since we have the bond money we should do a full on the ground as-built and not cut corners.  Mr. Napoli agrees that with utilities and storm water a full on the ground as-built would be in order. 3  Commission discussion on amount of the bond to seize.  A motion to seize the bond in the amount required to do the on the ground survey is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0 Unanimous.  A motion to continue until the September 26, 2018 meeting is made by Ms. Feltovic, seconded by Mr. Saal.  Vote 5-0 Unanimous. 42-1691, COC Request, Phase 2 Sidewalk & Pedestrian Improvements (VHB) (MassDOT)  The Administrator gives background on project along with project updates and photos. Field Inspector completed site visit, site is stable.  Commission discusses other activity on site.  A motion to issue COC as requested is made by Mr. Manzi, seconded by Ms. Feltovic.  Vote 5-0 Unanimous. Documents  As-Built Plan, prepared by Greater Lowell Engineering Assoc., dated December 2017  WPA Form 8A with Letter of Request for COC, dated March 28, 2018  Photos, dated August 20, 2018 242-1621, COC Request, 500 Great Pond Road (North Andover Country Club) (Morin-Cameron Group, Inc.)  The Administrator gives some background and updates on project including photos showing regraveling of cart path and removal of phragmites.  Mr. Manzi reviews photos and asks if phragmites existed in retention pond.  The Administrator confirms phragmites were present.  A motion to issue final COC as requested is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Documents  Photos, dated August 21, 2018 242-1578, COC Request, 1193 Great Pond Road (North Andover Solar, LLC)  The Administrator states this is an invalid OOC for work not done.  A motion to grant COC, citing invalid OOC as work did not commence, is made by Mr. Manzi, seconded by Mr. Saal.  Vote 5-0 Unanimous. Documents  WPA Form 8A Request for COC Edgewood Conservation Restriction Approval (575 Osgood Street) (Trustees)  The Administrator gives detailed background on project.  Mr. Lynch asks if project will connect trails together.  The Administrator states Edgewood previously had a private trail, which will become public. Project to connect Weir Hill through Edgewood and then Half Mile Hill.  Mr. Lynch asks what activities will be prohibited.  The Administrator states CR is held and controlled by Trustees of Reservation.  Discussion is tabled until end of meeting.  David Santomenna, Trustees of Reservation presents Edgewood land restriction. Restriction is requirement of the Planning Board special permit, CR area was distinguished by the Planning Board. Last parcel of undeveloped unprotected frontage on Lake Cochichewick.  The Administrator states CR was mutual. 4  Mr. Santomenna states public access to existing trail system written into restriction. Restriction is straightforward, owner can do work related to trails and public access, habitat restoration and safety around fire and dangerous trees. Signatures from Town of North Andover is the next step before going back to state for final signature from Secretary of EOEEA  Mr. Lynch asks what the prohibitions are, specifically, if control burns are still allowed and if the state embraces the idea.  Mr. Santomenna states that controlled burns are accepted by the State, but is unusual on the mainland.  Mr. Lynch, controlled burns are allowed and no issues are expected when it gets to the state secretary.  Mr. Santomenna everything is prohibited and then reserved rights are written back in to the document.  A motion to authorize Commission to execute certificate of municipal certification is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 5-0 Unanimous. Documents  Conservation Application Restriction Form  CR #31 Ref. #16444 EEA Final Review Enforcement Order/Violation 46 Hollow Tree Lane (Lally)  A motion to continue until September 26, 2018 is made by Ms. Feltovic, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Emergency Cert 0 Rea Street (Map 38 Lot 37)  Mr. Manzi has recused himself from this project due to a conflict of interest.  The Administrator gives back ground on project, including photos of recent site visit and reasons for Emergency Cert.  Mr. Lynch asks if only activity is for beaver deceiver.  The Administrator states small breach in dam will be made for installation of flow device and restoration of dam to non-threatening height.  A motion to issue an emergency cert subsequent to the Board of Health’s declaration is made by Mr. Lynch, seconded by Ms. Feltovic. Standard conditions to apply.  Vote 4-0 Unanimous. Documents  Photos, dated August 22, 2018 Decision 242-1728, 500 Boxford Street  Commission discussion on bond amount, waivers, documents and conditions.  A motion to approve the Order of Conditions for 242-1728 as drafted and amended is made by Mr. Manzi, seconded by Ms. Feltovic.  Vote 5-0 Unanimous. 242-1735, 1429 Osgood Street  Commission discussion on bond amount, conditions and operation and maintenance plans.  A motion to approve the Order of Conditions for 242-1735 as amended is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote 5-0 Unanimous. 5 Adjournment  A motion to adjourn 8:08 is made by Mr. Lynch, seconded by Ms. Feltovic. 6