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HomeMy WebLinkAbout2018-12-12 Conservation Commission Minutes 1 North Andover Conservation Commission Meeting Minutes December 12, 2018 Members Present: Albert P. Manzi, Jr., Vice Chairman, Jr., Joseph W. Lynch, Deborah A. Feltovic, Douglas W. Saal and Sean F. McDonough Members Absent: Louis A Napoli, Chairman, John T. Mabon Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:03 Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of November 28, 2018 as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 4-0 Unanimous. General Business 242-1669, OOC Extension Request, 265 Summer Street (Corliss)  The Administrator states the wetlands have been reflagged, erosion controls are in and work is about to start.  The applicants are present to answer questions.  A motion to grant a one year extension is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 4-0 Unanimous. Documents  WPA Form 7 - Extension Permit for Orders of Conditions  Extension Request Letter, dated December 8, 2018 242-1641, ORAD Extension Request, 100 Great Pond Road (Niceforo)  The Administrator states the project already had a one year extension and the flags have been refreshed.  Mr. Lynch confirms the ORAD extension process.  A motion to grant a one year extension is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 4-0 Unanimous. Documents  WPA Form 7 - Extension Permit for Orders of Conditions  Extension Request Letter, dated November 20, 2018  Abbreviated Notice of Resource Area Delineation Plan, dated December 22, 2014 Enforcement Order/Violation 79 Boxford Street (Ungvarsky)  The Administrator states the unpermitted patio and excess soil has been removed from the resource area, wetland markers have been placed and presents the Commission with site photos.  Mr. Ungvarsky is present for questions.  A motion to release the Enforcement Order and waive the filing fees is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous. Documents 2  Violation Letter, dated August 13, 2018  Site Pictures, dated December 11, 2018 350 Forest Street (Logan)  The Administrator states multiple Enforcement Orders were issued for dumping and the extension of a stone wall in the buffer zone. After the second EO was issued the Commission requested the homeowners attend the next meeting, when the request was ignored fines were issued. The homeowners made contact shortly after receiving the fines and a site visit was made. At the time of the site visit the dumping wasn’t visible due to the high water level in the wetland. The homeowners have been provided with a copy of the Order of Conditions and plan from their septic system replacement. The wetlands were identified and the homeowners were given markers to install as was required in the OOC issued in 2003.  Mr. Lynch questions if the debris has deteriorated to the point the material doesn’t need to be removed, or if they should wait for the water to recede to make a final decision.  The Administrator states it is important to make clear materials cannot go in the wetland and the need to address the possible restoration of the 25’ Foot No-Disturb Zone and possible permitting for the stone wall. She presents the Commission with site photos and states the prior OOC for the homeowners identifies prior dumping on the property.  The Commission discusses the materials that have been dumped in the wetland.  Mr. Logan the homeowner states the previously dumped materials were there when the property was purchased and that he cleaned up the debris. The other materials are branches that have fallen from previous storms.  Mr. Lynch expresses his concerns with the grass clippings and questions if the stone wall is in violation of the buffer zone setbacks, he suggests after-the-fact permitting for the wall.  The Administrator states the distance wasn’t measured but it probably extends to the 50’ No- Build Zone. The wall is acting as a property boundary between the adjacent property and should be easy to determine if it falls inside the resource area.  Mr. Manzi states it is jurisdictional activity and will require a permit for a small project.  The Administrator states they generally don’t do after the fact permitting for small projects, but it can be done if the Commission allows it.  The Commission discusses a time frame to address the fines and dumping associated with the Enforcement Orders and that fines are typically a last resort. The fines and dumping will be addressed in the late spring once the water has receded. The Commission will require an after- the-fact permit for the stone wall.  A motion to continue to June 26, 2019 for the Enforcement Order is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous. Documents  Violation Letter, dated October 11, 2018  Violation Letter, dated November 6, 2018  Fines Letter, dated November 19, 2018  Fines Letter, dated November 26, 2018 422 Waverly Road (Logue)  The Administrator states the Enforcement Order is for a generator that was installed inside the 50’ No-Build Zone without permit approval and in violation of the North Andover Wetland Protection Bylaw. The contractor has been before the Commission before for a similar offense.  The Commission discusses the electrical permitting process.  Mr. Manzi states if the contractor ignores the bylaw he will contact the Board of Registration.  Mr. McDonough enters the meeting room. 3  Katrina Jensen, the homeowner and her father are present. They take the matter very seriously and were unaware of the 50’ No-Build Zone requirement. The contractor is researching other locations for the generator to be placed. Ms. Jensen's father states he would be happy to meet with the Administrator at the property to better understand the bylaw restrictions.  Mr. Lynch refers to the email written by the contractor stating he is looking for clarification from DEP. Mr. Lynch states the contractor is mistaken since the issue does not lie with DEP, but with the bylaw.  The Administrator states the homeowner has the option to move the generator outside the 50’ No- Build or prove that the location is justified.  The Commission discusses the waiver process with the homeowner.  The Administrator states if the generator is to stay in its current location it will need to be permitted.  Ms. Jensen's father states prior to knowing about the 50’ No-Build Zone other locations were considered but this was the best suited location given the homes vent and window locations.  Mr. Manzi questions if the generator is operational.  Mr. Jensen states the generator is fully operational and that installation started the day before the Merrimack Valley Gas Emergency.  The Administrator states she has spoken with the gas contractor who was unaware of the situation.  Mr. Lynch questions how close the generator is to the 50’ No-Build Zone.  The Administrator states the distance was measured and believes it's somewhere around 40’.  Mr. Manzi requests a site visit prior to January 8, 2019 to double check the measurements and he will accompany the Administrator on the visit.  The Administrator states that the permit has not been signed off on.  Mr. Lynch states that without electrical and gas inspections the generator should not be operational.  A motion to continue to January 23, 2019 is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  Violation Letter, dated November 6, 2018  Violation Letter, dated November 28, 2018  WPA Form - Enforcement Order Small Project NACC #225, Walker Road (Town of North Andover)  The Administrator states the Commission gave general support of this project when it went before CPA in 2014. The project will connect the Mills to Weir Hill via a multi-use trail. The first portion of the trail does not require any formal permitting and that it will be a 3’ wide path most of which exist in the form of the Maroon Line. The Green Line will be extended up to Walker Road and along the edge of Walker Road in the right-of-way using stone dust. The project meets the exemptions for the Wetlands Protection Act, erosion controls will be installed and the DPW has agreed to do 4 months of monitoring to ensure there are no erosion issues with the path. A public meeting was held for the Walker Road residents because the road is generally private, a dog waste station will be installed as a result of the meeting.  The Commission discusses the trail location.  The Administrator states the trail will be located between the brook and Walker Road.  A motion to accept this as a Small Project E is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. 4  A motion to approve the small project permit as proposed with erosion control and pre and post construction inspections is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 5-0 Unanimous. Documents  Small Project Application w/Supporting Materials Request for Determination of Applicability 158 Coachmans Lane (Boudreau)  The Administrator states the filing is to construct a 10’x23’ deck over an existing pea stone patio area. The corner of the deck is within the 50’ No-Build Zone but will be cantilevered. A site visit was made and a prior order exists for buffer zone restoration work at the edge of the lawn, most of which is still in place. A Watershed Special Permit waiver was issued by the Planning Board based on the proposed plan. The Administrator states there is one wetland marker on the property and if the project is approved she recommends additional markers be placed.  Mr. Boudreau is present to answer questions.  A motion to issue a Negative Determination #3 with pre construction inspection and wetland markers is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  WPA Form 1 - Request for Determination of Applicability  Sketch, dated November 26, 2018  Plan of Land, dated October 5, 2018  Notice of Decision, Watershed Special Permit - Waiver, dated November 13, 2018  North Andover Riverfront Map  Estimated Habitat of Rare Wetlands Wildlife Map & Certified Vernal Pools Map  Deck Layout, dated September 28, 2018 prepared by Hampstead Consultants, Inc.  Deck Details, dated September 28, 2018 prepared by Hampstead Consultants, Inc.  Site Photos, dated December 12, 2018 0 Stevens Street (Town of North Andover)  The Administrator presents on behalf of the Planning Department and Department of Public Works. This is the final section of the Mills to Hills trail that was discussed earlier in the meeting. The parcel of land is across from the High School access drive on Osgood Street owned by the Trustees. The field has pockets of wet but the trail is high and dry avoiding the pockets of wet. The field is annually mowed but the path will require to be mowed more often until a 3’ wide trail is established.  Mr. Manzi questions if the trail will require more than mowing.  To reach Weir Hill a bridge will be required over a small intermittent stream. The area is not in Watershed as the stream flows in the opposite direction from Lake Cochichewick. The bridge will be 3’ wide and 16’ long and will span the stream. This is the same design that was approved for the Stevens to Stevens Trail near Stevens Pond. They anticipate the Friends of North Andover Trail will help with the work and the material will be purchased with part of the CPA grant that was received in 2014. The trail will come out at the new parking lot that was installed by the Trustees. The property is in Priority Habitat and a separate MESA filing is in progress with NHESP. The trail was originally proposed on the other side of the property and was moved because the Priority Habitat was found particularly on that portion. A waiver has been requested to work in the No-Build and No-Disturb Zone, an alternatives analysis has been presented to the Commission.  Mr. Lynch questions the sequencing of the project and requests the bridge be built early in the process.  A motion to grant a waiver is made by Mr. Lynch, seconded by Mr. McDonough. 5  Vote 5-0 Unanimous.  A motion to issue a Negative Determination #3 with pre construction and post inspections and installation of the bridge prior to being open for public use is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  WPA Form 1 - Request for Determination of Applicability  Estimated Habitat of Rare Wetlands Wildlife Map & Certified Vernal Pools Map  Multi-use Trail RAD Project Location  Mills to Hills, USGS Map, dated November 20, 2018  Conservation Application RDA - Exhibit 2, dated November 6, 2018  Trustees Letter, dated November 20, 2018  StreamStats Report, dated November 20, 2018 Abbreviated Notice of Resource Area Delineation 242-1741, ANRAD Request, 0 Turnpike Street (Map 9, Parcel 20) (Bay Development, LLC)  The applicant requested a continuance via email.  A motion to continue until January 9, 2019 is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  Email from ghochmuth@wsengineers.com com requesting a continuance until 1/9/2019 242-xxxx, ANRAD Request, 1600 Osgood Street (Goldstein)  Mr. Manzi has recused himself from the discussion due to a conflict of interest, Mr. Lynch steps in as chair.  The Administrator states the property has been delineated several times in the past and that the delineation does not differ much. There were some areas deemed not jurisdictional before that are now included in the delineation. The Administrator has made several site visits to review the delineation. The delineation fees need to be discussed, at this point the applicant has paid the state minimum and the same amount under the local bylaw.  The Commission discusses how the delineation fees are calculated.  The Administrator states it is a fairly well developed site and that she spent about 3 hours on-site reviewing the delineation. DEP has yet to issue the project a file number.  Mike Howard, Epsilon presents on behalf of the applicant and states they are looking to delineate the wetlands on the property, no work is purposed. He states that not much has changed other than the regulations and he provides the Commission with copies of the plans. Minor changes were made to two wetland flags in the “A” series and the Riverfront area was expanded around the wetland series 1. A follow up visit was made by the Administrator to the extreme northern corner of the property which is thick and difficult to access. In the earlier version of the filed ANRAD plans a few flags were tied but there was a note stating, no access due to site constraints. These five/six flags have been removed from the ORAD and the revised plans. A note has been placed on the first sheet in the top left corner noting that the wetlands on the north side of the river were not field delineated or approved under this ORAD due to site access issues.  Mr. Lynch asks that the area not being approved under this ORAD to be pointed out on the plan.  The Administrator points out the area on the plan and states after reviewing the prior delineation the sizes didn’t match up with what had been delineated and with the limited site access they wouldn’t have been able to delineate up to the property boundary.  Mr. Lynch questions the block line symbol on the plan to confirm it is the wetland line. He questions if the entire area is a contained wetland or if there is some higher ground.  Mr. Howard states there is some higher ground. 6  The Administrator points out a cement bridge on the plan and states there is a bank which was easy to delineate but as you head up stream it is beaver influenced.  Mr. Lynch states his concerns with omitting an area that is not being determined. He states it’s important to make clear what the Commission is and isn’t approving.  Mr. Howard presents the ANRAD drawing to the Commission and states the northern corner is a small remote section of the property.  The project is still waiting for a DEP number to be assigned.  The Commission discusses the ANRAD plans and the language/notes the Commission would like added to the final plans.  A motion to continue to January 9, 2019 is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 4-0 Unanimous, Recused; Mr. Manzi. Documents  Wetland Delineation Plans, dated December 10, 2018 prepared by Langan Engineering Notice of Intent (NOI) 242-xxx, 430 Osgood Street (Town of North Andover)  The Administrator states the filing is for the final section of the Mills to Hills trail. The legal ad was posted but the abutters notification didn’t go out in time.  A motion to waive the reading and open the hearing is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 5-0 Unanimous.  A motion to continue until January 9, 2019 is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 5-0 Unanimous. Documents  WPA Form 3 - Notice of Intent & Stormwater Checklist, dated November 28, 2018  Site Plans, dated November 28, 2018 prepared by The Engineering Group Adjournment  A motion to adjourn at 8:10 pm is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 5-0 Unanimous.