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HomeMy WebLinkAbout2019-08-28 Conservation Commission Minutes 08 28 19 NACC Meeting Minutes Page 1 of 8 North Andover Conservation Commission Meeting Minutes August 28, 2019 Members Present: Louis A. Napoli, Chairman, Joseph W. Lynch, Deborah A. Feltovic, Douglas W. Saal and Sean F. McDonough Members Absent: Albert P. Manzi, Jr., Vice Chairman and John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:03 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of the July 24, 2019 & August 14, 2019 as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Certificate of Compliance (COC) 242-0022, Partial COC Request, 120 Granville Lane (Hunter)  The Administrator states the Field Inspector performed a site inspection to confirm 120 Granville (Lot 28) is not subject to jurisdiction, as it does not contain wetlands or associated buffer zones.  A motion to issue a Partial Certificate of Compliance is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  COC Request Letter, dated August 16, 2019 prepared by The Law Office of Matthew W. Neuman  WPA Form 8A-Request for Certificate of Compliance 242-1629, 4 High Street (RCG West Mill NA LLC)  Tania Hartford, RCG LLC provides background on the project. A letter from DCI was received stating the rain gardens were built in accordance with the plans. The bio retention areas are functioning. The site is under Enforcement Order for invasive species management. They have provided answers to questions from the Conservation Administrator regarding contracts, maintenance and review.  The Administrator states the site is stable. A revised plan was received showing the NDZ markers and No-Snow stockpiling signage. The applicant has a contract with Civil Design Group to perform inspections and reports recommending any maintenance or repair needed for the BMPs. Documentation was provided showing the rain gardens and outlets were installed per the recommendation of the peer review.  Mr. Lynch would like to know if the Invasive Species Management Plan is part of the OOC as well as the EO.  The Administrator states the Invasive Species Management Plan was directed through the EO. A comprehensive O&M plan was received.  Mr. McDonough would like to know if Special Conditions #59 & #60 have been fulfilled.  The Administrator states the applicant satisfactorily responded to her concern regarding condition #59 in her response memo.  Ms. Hartford states documentation was submitted regarding condition #60.  Mr. McDonough states Special Condition #64 requires O&M reporting on a 5-year interval going forward. 08 28 19 NACC Meeting Minutes Page 2 of 8  The Administrator states reporting every five years is necessary even after the COC is issued.  Ms. Hartford states there are monitoring reports provided throughout construction.  Mr. McDonough confirms the invasive species was treated in the bio retention area.  A motion to issue a Full and Final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 4-0, Unanimous, Abstained: Mr. Saal. Documents  Center Lot Loop, As-Built, dated June 7, 2018 revised April 4, 2019 prepared by Design Consultants, Inc.  COC Request Letter, dated July 1, 2019 prepared by Civil Design Group, LLC  WPA Form 8A-Request for Certificate of Compliance  West Mill Planting Monitoring Report, dated June 25, 2019 prepared by Wetland Permitting Consultant  Conservation Commission Correspondence, dated July 3, 2019 prepared by RCG West Mill NA, LLC  Planning Department Correspondence, dated July 3, 2019 prepared by RCG West Mill NA, LLC  West Mill As-Built, dated October 31, 2018 prepared by Civil Design Group, LLC 242-1699, 1 High Street (RCG North Andover Mills LLC)  The Administrator provides background on the project. A site inspection was performed and the site is stable. The pond elevation has been maintained a bit higher than 88-elevation.  Tania Hartford, RCG LLC states the weir structure was installed a bit below 88-elevation, which means it cannot get any lower. The higher level has helped with the invasive species in the pond. Some of the plants at the edge of the bank were replaced. The project almost overlaps with the East Mill Flats project. The applicant would like the Commission to vote to release the $10,000 bond for the culvert project with the intention of the plants being monitored through the East Mill Flats project OOC.  Mr. Napoli states his concerns with issuing a Final COC when the planting plan has not come to full term.  Mr. Lynch would like to know if the Administrator could confirm there is an overlap between the two projects. The Administrator cannot confirm that discussion with the previous administrator.  The Commission discusses the request for Final COC and release of the bond.  A motion to deny the request for a Full and Final Certificate of Compliance is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous, Abstained: Mr. Saal.  A motion to reduce the Bond by the amount of $8,000 withholding $2,000 for monitoring is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 4-0, Unanimous, Abstained: Mr. Saal. Documents  WPA Form 8A-Request for Certificate of Compliance  COC Request Letter, dated July 3, 2019 prepared by RCG North Andover Mills LLC  Correspondence Letter, dated July 1, 2019 prepared by Design Consultants, Inc.  East Mill As-Built, Sheets 1-4, dated June 6, 2019 prepared by Design Consultants, Inc.  Photographs of No-Snow Stockpiling Signs  Response Memo, dated August 14, 2019 prepared by RCG, LLC  East Mill Planting Monitoring Report, dated June 25, 2019  Spring 2019 Planting Monitoring Site Photographs  Stormwater Inspection & Maintenance Program Agreement, dated September 21, 2012 revised August 8, 2019 prepared by Civil Design Group, LLC  Table of Invert Elevations, dated August 13, 2019 prepared by Design Consultants, Inc. 242-1671, 2302 Turnpike Street (Gill Family LLC)  The applicant requested a continuance via email. 08 28 19 NACC Meeting Minutes Page 3 of 8  A motion to continue until September 11, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  Email from csparages@wsengineers.com requesting a continuance until 9/11/19 242-1428, Turnpike Street, Lot 4N-A, (One Hundred Fourteen Trust)  The applicant requested a continuance via email.  A motion to continue until September 11, 2019 is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents  Email from patrickgarner@me.com requesting a continuance until 9/11/19 242-1714, 865 Johnson Street (a.k.a. 185 & 203 Mill Road) (TKZ, LLC)  The Administrator provides background on the project. A Site visit was performed and the site is generally in compliance and totally stabilized. The only outstanding issue relates to the restoration plantings and the invasive species removal on Lot 1A. The plantings were installed in 2018. One oak tree and two shrubs are dead and some invasive species are evident around the perimeter of the area.  Tom Zahoruiko, TKZ, LLC states he got involved in the project after the permit was issued. He recently became aware of the 2-year planting monitoring. The OOC covers two different lots and the bond held is for $6,500. Lot 1B (203 Mill Road) is in full compliance. He requests a Partial Certificate of Compliance releasing Lot 1B, and retaining $1,000 until the planting plan on Lot 1A reaches full term.  Mr. Napoli states it would be fair for the Commission to retain $1,500 of the bond to cover the continued monitoring and replanting of the restoration area for Lot 1A.  The Administrator states the invasive species still needs to be managed.  Mr. Zahoruiko states they are working within the defined work zone to manage the invasive species.  A motion to issue a Partial Certificate of Compliance to release Lot 1B is made by Mr. McDonough seconded by Mrs. Feltovic.  Vote 5-0, Unanimous.  A motion to reduce the Bond by the amount of $5,000 withholding $1,500.00 for monitoring on Lot 1A is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  COC Request Letter, dated August 6, 2019 prepared by Sullivan Engineering Group, LLC  WPA Form 8A-Request for Certificate of Compliance Modification Request 242-1727, 404 Summer Street (Smyser)  The Administrator provides background on the project. While on inspection, she noticed a solid vinyl fence installed just slightly within the 50-foot NBZ but within the limit of work without prior approval. The homeowner installed the fence after the property was purchased. The fence does not have 4-inch freeboard at the bottom rail and ground surface.  Jay Sousa, Real Estate Advisor presents on behalf of the applicant. The fence was installed for the safety of the homeowner’s dogs, one of which is very small.  Mr. Lynch would like to know if the wetlands on either side of the yard are vernal pools.  Mr. Sousa states they are not vernal pools.  A motion to approve the after-the-fact Modification for the installation of the fence is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Modification Request Letter, dated August 6, 2019 08 28 19 NACC Meeting Minutes Page 4 of 8 Request for Determination of Applicability (RDA) 30-36 Millpond Condominiums (Poth Property Services, Inc.)  Gary Poth, Poth Property Services, Inc. presents the proposal for the demolition and reconstruction of concrete support walls. The process will include trenching and excavation to remove the old footings, foundation walls, sills, and wall sheathing, installation of new footings, walls and sills.  Mr. Napoli confirms this the same work performed on other units under a previous DOA issued by the NACC in January 2017.  Mr. Poth states this is another phase of the same project.  The Administrator states the work is approximately 160-feet from Cochichewick Brook with pavement and lawn to act as a buffer. She recommends a preconstruction meeting to work out the erosion control details.  A motion to issue a Negative Determination #2 as recommended (erosion controls, straw wattles, pre and post inspection) is made by Mr. McDonough, seconded by Mr. Saal.  Vote 5-0, Unanimous. Documents  Application Checklist Request for Determination of Applicability, dated July 29, 2019  WPA Form 1 - Request for Determination of Applicability w/Supporting Materials, dated July 29, 2019 93 Wintergreen Drive (Arcieroi)  Philip Trapasso, ALC Design presents the proposal for the construction of a deck and stairs to service a second story addition to the existing garage for a family suite. The deck stairs fall within the 50-foot NBZ.  The Administrator states the property is within the 200-foot Riverfront Area to Mosquito Brook. The edge of the wetland is defined by a stone retaining wall at the rear of the house. The home was built prior to the Riverfront Act and the 50-foot NBZ came into effect.  Mr. Trapasso states they submitted an application to the Zoning Board of Appeals for a family suite above the garage. The stairs are needed per code as a form of a second egress.  Mr. Napoli states the project requires a waiver request that cannot be granted under an RDA. If the applicant files for an NOI, a waiver would still be very difficult to obtain.  Mr. Lynch confirms the construction of the family suite will remain within the existing footprint of the home. The addition of the deck is an extension of the footprint. The addition of the deck brings the footprint into the NBZ and possibly the NDZ. The 50-foot NBZ goes through the middle of the house.  The Commission discusses the proposal.  Jeffrey Arcieroi, the homeowner confirms the issue is the location of the footings for the stairs since the stairs themselves are possibly outside the 50-foot NBZ.  Mr. Lynch confirms if the footings can be eliminated and the landing is outside the 50-foot NBZ the project could still be permitted as an RDA.  Mr. Trapasso proposes to cantilever a smaller deck with a landing for the stairs outside the 50-foot NBZ.  The Commission would like the plans revised to show the changes discussed.  The Administrator requests the 50-foot NBZ added to the plans  A motion to continue to September 11, 2019 is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  First Floor Plan, dated May 28, 2019, prepared by ALC Design  Northwest Elevation, dated May 28, 2019 prepared by ALC Design  Plot Plan of Land, dated August 25, 2019 prepared by David P. Terrenzoni, P.L.S.  Proposed Deck Stairs Plan, dated August 25, 2019 prepared by David P. Terrenzoni, P.L.S.  Application Checklist Request for Determination of Applicability, dated August 13, 2019 08 28 19 NACC Meeting Minutes Page 5 of 8  WPA Form 1 - Request for Determination of Applicability w/Supporting Materials, dated August 13, 2019 268 Raleigh Tavern Lane (Atallah)  The Administrator states a revised plan was received today.  Mr. Napoli refers to the other Commission Members as to whether or not a new application can be heard/approved if there are existing violations which is a play structure in the 25-foot and shed in 50- NBZ.  The Administrator states the plan showing the existing shed was incorrect. The shed is proposed, not existing.  Jonathan Grasso, Grasso Construction Co., Inc. states the plan used depicts much more work that may be eventually contemplated by the homeowner in the future. At this time, the only item they are proposing is the construction of a new deck.  Mr. Napoli states there is a play area is within the 25-foot NDZ.  Mr. Grasso states the play area was there when the homeowners purchased the property.  Mr. Lynch states they would typically seek a resolution for the violation through the permitting process.  Mr. McDonough states an RDA only allows for three conditions. This makes permitting difficult when violations are present.  The Administrator states she reviewed historic aerials and it was difficult to determine when the play was installed. It was visible in the 2017 aerials. The wetland line has not been delineated; it was borrowed from past plans and field observations.  Mr. Lynch states the property needs to be re-delineated and surveyed. The plans need to be updated to include the wetland line.  Mr. Napoli requests the construction access and stockpile areas be noted on the plan. According to the current plans, the construction entrance is in the 25-foot NDZ.  Mr. Grasso would like to know if the Commission would require the homeowner to remove the swing set.  Mr. Lynch requests the swing set be relocated to a location outside the 25-foot NDZ.  The Administrator confirms with the Commission the property must be professionally delineated.  A motion to continue to September 11, 2019 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Application Checklist Request for Determination of Applicability, dated August 15, 2019  WPA Form 1 - Request for Determination of Applicability w/Supporting Materials, dated August 15, 2019  RDA Plan, dated December 28, 2018 prepared by Fieldstone Design  RDA Plan, dated December 28, 2019, revised August 28, 2019 prepared by Fieldstone Design  Revised Project Narrative, dated August 28, 2019 prepared by Grasso Construction Co., Inc. Notice of Intent 242-1760, 4 High Street (AvalonBay Communities, Inc.)  The applicant requested a continuance via email.  A motion to continue until September 25, 2019 is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 4-0, Unanimous, Abstained: Mr. Saal. Documents  Email from david_gillespie@avalonbay.com requesting a continuance until 9/25/19 242-1765, 2051 & 2053 Salem Street (Richards)  The applicant requested a continuance via email.  A motion to continue until September 11, 2019 is made by Mrs. Feltovic, seconded by Mr. McDonough. 08 28 19 NACC Meeting Minutes Page 6 of 8  Vote 5-0, Unanimous. Documents  Email from bosgood@rangereng.com requesting a continuance until 9/11/19 242-1763, 34 Rosemont Drive (Andren)  Jack Sullivan, Sullivan Engineering Group presents the proposal for tree removal and grading to extend the rear yard. The proposed area will act as a play area and include a swing set. The project is within the 200-foot Riverfront Area to Mosquito Brook and the 100-foot Buffer Zone to BVW. Norse Environmental delineated the wetlands. A project similar to this was done on an abutting property and approved by the Commission in 2011. The work will be kept outside the 50-foot NBZ. A boulder wall will act as the limit of lawn. A fence will be placed along the boulder wall. The construction entrance and stockpile locations have been shown on the plan. An Alternatives Analysis was provided.  Mr. Napoli confirms the trees on the abutting project were stumped.  Mr. Sullivan states the proposal requires the removal of a few trees.  Mrs. Feltovic would like to know if the Administrator’s punch list was fulfilled.  Mr. Sullivan states the proposal will not include a deck expansion.  The Administrator states she is satisfied with the additional information provided.  Mr. Sullivan states the homeowner is hoping to reuse some of the fence along the upland side of the boulder wall. The area beyond the boulder wall will be grassed and allowed to grow naturally.  The Administrator requests a native seed mix be used. She confirms the wall will be a retaining wall.  Mr. Sullivan states the boulder wall will be under 4-feet, which prevents it from becoming a structure.  Mr. McDonough requests wetland markers to be placed along the wooded area.  The Administrator states she will like to see more specifications on the wall (cross-section & material).  Mr. Sullivan states he will add a detail on the plan regarding the fabric to be used on the up gradient side of the wall.  No public comment.  A motion to continue to September 11, 2019 is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Notice of Intent, dated July 23, 2019 prepared by Sullivan Engineering Group, LLC  Plot Plan of Land, dated July 22, 2019 prepared by Sullivan Engineering Group, LLC  Plot Plan of Land, dated July 22, 2019, revised August 28, 2019 prepared by Sullivan Engineering Group, LLC 242-1764, 137 Andover Street & 0 Chickering Road (The Trustees of Reservations)  Mr. Napoli would like to know if the applicant has applied for a state road permit for a curb cut.  Ms. Elizabeth Keary Soule, The Trustees of Reservations states they are working on a MassDOT curb cut application. She presents the proposal for the construction of a new access driveway and parking off Chickering Road for the TTOR property. She provides background on the Trustees public garden initiative, which they plan to implement over the next three years. The proposal is phase 1 of the plan, which will address safety around existing parking conditions and visitor orientation issues. The entry curb cut location is hemmed in on both sides by wetlands. The project is currently before the Planning Board for a site plan review.  Mr. Napoli expresses his concerns that the application with MassDOT could be denied.  Ann McMenemy, Hancock Associates states she and Derosa Environmental delineated the wetlands. Revised plans will be submitted showing the survey. There is no culvert connection between the two resource areas and no priority/estimated habitat. The gravel driveway is positioned between the two resource areas and is outside the 50-foot NBZ. Some tree removal is proposed.  Deb Colbert, Hancock Associates states they did not know the delineation of the resource area when the plans were submitted. The stormwater discharge is outside the 50-foot NBZ and 25-Foot NDZ. The 08 28 19 NACC Meeting Minutes Page 7 of 8 stormwater is currently under redesign based on test pit information. The roadway will be kept outside the 100-foot Buffer Zone. The drainage swale will be pulled away from the property line to minimize tree removal.  Mr. Lynch states the Commission will need gravel specifications for the roadway and parking lot. They will need to know the type of recharge soils and if there are test borings to support the recharge. He makes it clear the NACC does not allow recycled gravel or concrete. He would like to know if the elongated resource area is Wood Lane.  Ms. Colbert confirms this is an extension of Wood Lane that is currently being used as an outlet and drainage way.  Mr. Lynch states Wood Lane is legally considered an Ancient Way and that the application to MassDOT needs to be clear of the proximity to Wood Lane. He would like to know if the hydraulics support the need for an infiltration basin.  Ms. Colbert states the hydraulics do support the need for an infiltration basin with overflow. Additional test pits were done and the water is approximately 36-inches down. They are currently reevaluating with the test pit information.  Mr. Lynch would like to know if the roadway will be open year round and if the lot will consist only of gravel. He questions if the driveway and parking lot converge on Wood Lane and if they have spoken with the Town regarding what can be done within Wood Lane.  Ms. Colbert confirms the roadway will be open year round and does not converge on Wood Lane.  Ms. Soule states they spoke with the Planning Director regarding the history of the roadway. There was a town vote from 1931 stating the town no longer considered this portion to be a right-of-way.  Mr. Lynch strongly suggests the applicant obtain a legal opinion of what can be done in the roadway.  Mr. Napoli would like to know if the proposed curb cut would be gravel.  Ms. Colbert states the curb cut will be paved 25-feet into/pass the right-of-way, which will transition, into gravel.  Mr. Napoli states the NACC will require the roadway specifications and break down of the materials. He requests a copy of the civil and Stormwater Peer Review be provided to the NACC.  Mr. McDonough would like to know if the field is mowed annually.  Ms. Soule states Woodchuck Meadow is a hay meadow, which is mowed by a local farmer.  Kelly Cormier, 169 Andover Street expresses her concerns with light and noise pollution. She would like to know if there is a conservation reason the New Welcome Center cannot be moved to lessen the impact to abutting properties.  Mr. Lynch states the Commissions jurisdiction is limited to wetlands.  Mr. Napoli states they cannot ask the applicant to move the structure if it is outside the 100-foot Buffer Zone.  Ms. Cormier would like to know if the Commission has jurisdiction when it comes to lighting.  The Administrator states there is lighting on the first stretch of the access drive. One light is proposed in the Buffer Zone with other lights skimming the edge of the Buffer Zone.  Mr. Lynch states they can discuss lighting within the 100-foot Buffer Zone.  Ms. Cormier states her concerns with excessive water in the abutting properties basement.  Mike Fina, 124 Old Village Lane expresses his concerns with the infiltration basin. He states Old Village Lane has moisture problems. He would like to know if they could experience side effects due to the remediation of the water.  Mr. Lynch states the Stormwater Management Plan will be sent out for Third Party Review. The Commission requires pre-development conditions are mimicked the in post construction condition. The applicant will need to ensure the water is not leaving the confines of the site different from current conditions.  Susan Rochwarg, 100 Old Village Lane expresses her concerns with the stormwater management. The Trustees property was designed to drain water into a documented drainage system to her property. The drainage system then runs into the Town of North Andover drainage system. She recently invested a large amount of money due to a failing system. 08 28 19 NACC Meeting Minutes Page 8 of 8  Victor Fleury, 114 Old Village Lane is fearful additional water collected in the infiltration basin from the Trustees will drain to his property and cause more issues. He would like to know if the pond being built in a specific location could create a large issue from a water perspective.  Mr. Napoli states they cannot comment on these concerns until the stormwater review has been completed.  Ms. Colbert states the infiltration basin is still under review.  Mr. Fleury presents a plan of the site that was posted on the Trustees website. He would like to know what issue they ran into in the engineering analysis that forced them to conclude an infiltration basin was necessary.  Ms. Soule states the plan is a conceptual Master Plan that was completed prior to the wetland survey delineation. The plan submitted for the NOI takes into consideration the wetland setbacks and soil conditions.  Ms. Colbert states they are still looking at alternatives.  The Administrator requests the applicant provide a cross section for the gravel road.  Mr. Fina would like to know the distance from the lot line to the detention basin.  The Administrator states the edge of grading from the detention basin to the property line is approximately 60-feet and the limit of clearing is approximately 50-feet. The proposed welcome center is approximately 115-feet to the corner of Wood Lane. She would like to know if the test pits indicated anything shallower than 36-inches.  Ms. Colbert states she is unsure but that they will be submitting the test pit information.  Mr. McDonough would like to know when the property was delineated.  The Administrator states that she and the Field Inspector walked wetland the fingers but not to the north in August. At the time, the north was not flagged.  Ms. Colbert states test pits were recently staked out.  Ms. Rochwarg expresses concerns with the possibility of some tree removal between Old Village Lane and the Trustees property.  Mr. Lynch states tree removal is allowed outside the 25-foot NDZ. At this time, the resource area line has not been finalized.  A motion to continue to September 25, 2019 is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 4-0, Unanimous, Abstained: Mrs. Feltovic. Documents  Site Plan, Sheet 3 of 9, dated August 15, 2019 prepared by Hancock Associates  Site Plan, Sheet 4 of 9, dated August 15, 2019 prepared by Hancock Associates  Notice of Intent, dated August 15, 2019 prepared by Hancock Associates  Stormwater Report, dated August 2019 prepared by Hancock Associates General/NEW/Old Business Review Small Project Checklist  The Administrator reviews recommended edits to the Small Project Checklist with the Commission.  A motion amend the Small Project Checklist as proposed is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Adjournment  A motion to adjourn at 9:36 p.m. is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous.