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HomeMy WebLinkAbout2019-09-25 Conservation Commission Minutes 09 25 19 NACC Meeting Minutes Page 1 of 7 North Andover Conservation Commission Meeting Minutes September 25, 2019 Members Present: Louis A. Napoli, Chairman, Deborah A. Feltovic, Douglas W. Saal and John T. Mabon Members Absent: Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch and Sean F. McDonough Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:07 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of the August 28, 2019 as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 4-0, Unanimous. Certificate of Compliance (COC) 242-1671, 2302 Turnpike Street (Gill Family LLC)  The Administrator gives some background on the project. Several site visits were performed along with a few plan revisions. A final site inspection was performed on September 23, 2019. The site is completely stabilized and compliant.  Greg Hochmuth, Williams & Sparages is present for questions.  Mr. Napoli states some erosion controls are still present. The area will be required to be raked and seeded once the erosion controls are removed.  A motion to issue a Full and Final Certificate of Compliance and hold until removal of erosion controls and final cleanup of the site is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  As-Built Plan, dated June 14, 2019, revised July 19, 2019, prepared by Williams & Sparages, LLC  Correspondence Letter, dated July 19, 2019, prepared by Gill Family, LLC  WPA Form 8A- Request for Certificate of Compliance  North Andover Conservation Commission Order of Conditions Compliance Certification Form, dated July 19, 2019  Order of Conditions, dated April 14, 2015  COC Request Letter, dated July 19, 2019, prepared by Williams & Sparages, LLC  Revised As-Built, dated June 14, 2019, revised July 19, 2019, September 17, 2019, September 18, 2019, prepared by Williams & Sparages, LLC  Site Photos, dated September 20, 2019 242-1730, Western Route - MP 28.46 Culvert (Keolis)  The Administrator states additional information was requested regarding final elevations of the pipe inverts and rip rap aprons in BLSF. The elevations were confirmed and are compliant with the approved plan. A site visit was performed and the site was found to be completely stabilized and compliant. Erosion controls still need to be removed.  Tim Dermody, Fair Dermody Consulting Engineers states the erosion controls should be removed later this week. 09 25 19 NACC Meeting Minutes Page 2 of 7  A motion to issue a Full and Final Certificate of Compliance and hold until removal of erosion controls and final cleanup of the site is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Certification Letter, dated May 10, 2019 prepared by LM Heavy Civil Construction, LLC  WPA Form 8A- Request for Certificate of Compliance, dated September 4, 2019  As-Built, dated May 10, 2019, prepared by LM Heavy Civil Construction, LLC  Site Photos, dated September 23, 2019 242-0349, 137 Forest Street (Lot 24A) (Moore)  The Administrator states the OOC was issued in June of 1986 and governed the construction of five new single-family homes. Work on Lot 24A never commenced under this OOC. The house was later constructed under a subsequent OOC #242-0580 and a COC was issued for that Order.  A motion to issue a Partial COC for work never done is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 4-0, Unanimous. Documents  WPA Form 8A- Request for Certificate of Compliance  Partial COC Request Letter, dated September 9, 2019 242-1720, 33 Regency Place (Maroun)  The applicant requested a continuance via email.  A motion to continue until October 9, 2019 is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Email from norseenvironmental@verizon.net requesting a continuance until 10/9/19 Small Project NACC #241, 490 Winter Street (Dainowski)  The Administrator states the project consists of the demolition and filling in of an existing in-ground pool, removal of pool patio, loaming and seeding and landscape plantings. A site inspection was performed. The work is approximately 93-feet from BVW and is separated from the wetland by a stockade fence. No stockpile or construction entrance is shown on the plan. The yard waste dumping observed in the 25-foot NDZ will need to be removed.  Jack Dainowski the homeowner acknowledges the yard waste is his and on his property and he uses it as a compost pile.  The Commission discusses the property boundary line and yard waste dumping. The dumping is required to be relocated outside the 25-foot NDZ.  Mr. Napoli states the construction access and stockpile area need to be added to the plan.  Mr. Dainowski states the house is on a septic system, which is located in the rear of the property. He proposes to dump to compost materials in the hole once the pool is removed, prior to it being filled in.  Mr. Mabon requests the applicant write a brief letter to address the construction access, stockpile location, removal of the compost pile and boundary fence. The construction access should be indicated on a plan/aerial photo.  A motion to continue to October 9, 2019 is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0, Unanimous. Documents  Small Project Application Checklist with Supporting Documents, dated September 12, 2019 NACC #242, 537 Boxford Street (DeCoste) 09 25 19 NACC Meeting Minutes Page 3 of 7  The Administrator states the violation consisting of a shed within the 25-foot NDZ at the very edge of wetlands was found during a site visit for a propane tank building permit. Conservation department staff required that an After-The-Fact Small Project application be filed for the relocation of the shed and small wooden play structure. The new shed location is outside the 50-foot NBZ as measured by staff. The wooden play structure will be moved outside the 25-foot NDZ.  The homeowner is not present and therefore the NACC will not hold discussion.  A motion to continue until October 9, 2019 is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 4-0, Unanimous. Documents  Small Project Application Checklist with Supporting Documents, dated September 6, 2019 NACC #243, 41 Saile Way (Dolben)  The Administrator states the project is for the construction of a 282-s.f. deck at the rear of the house. The distance to the wetland is 94-feet.  Jack Sullivan, Sullivan Engineering presents on behalf of the applicant. He provides some background on the proposal. An application for a Watershed Special Permit was submitted to the Planning Board for the October 15, 2019 meeting. The wetlands were flagged by Norse Environmental. Erosion controls have been placed.  Mr. Napoli states the NACC does not typically approve projects that have not yet been approved by other boards.  A motion to accept this as a Small Project C is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous.  A motion to approve the Small Project for the deck as proposed contingent upon final approval of the plan as presented by the Planning Board (pre and post construction inspection required) is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Small Project Application Checklist with Supporting Documents, dated September 19, 2019 Request for Determination of Applicability (RDA) 268 Raleigh Tavern Lane (Atallah)  The applicant requested a continuance via email.  A motion to continue until October 9, 2019 is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Email from jonathan@grassoconstruction.net requesting a continuance until 10/9/19 60 Leanne Drive (Bresnahan)  The Administrator states the proposal is for the construction of a new retaining wall. The new wall will envelope the existing failing wall. Work will be kept outside the 50-foot NBZ to BVW. A site inspection was performed and the wetland line looks reasonable. The construction access route and wall detail needs to be added to the plan.  Greg Hochmuth, Williams & Sparages presents. He states the existing retaining wall was not built properly and is failing. The applicant is not looking to expand the lawn. The new wall is closer to the wetland and will require a Building Permit. It was recommended by Conservation department staff that the applicant file an RDA for the construction of the retaining wall. Since speaking with staff, the wetlands have been reflagged and are closer to the project than expected. He describes the details/requirements for the reconstruction of the retaining wall. Two proposals are presented for the construction access.  The applicant/contractor is present. 09 25 19 NACC Meeting Minutes Page 4 of 7  The Commission discusses the construction access options across two neighboring parcels to the west or from the subject parcels driveway.  Mr. Hocmuth states they would prefer to limit the work strictly to the owner’s parcel of land. The erosion controls on the plan have been placed further off the wall allowing adequate room to work. A 12-inch mulch sock and silt fence have been proposed. Any alteration between the erosion controls and new wall will be replicated and restored. The new wall will be approximately 60-feet from the wetlands.  Mr. Saal states that due to the proximity to the wetlands an NOI is a more suitable application for the project. He expresses concern the wall plan depicted is missing important information.  Mr. Hochmuth states others will do the wall design. If the retaining wall requires widening it would become wider towards the house. The construction access route will be through the driveway.  The Commission discusses the proposal and whether the project can properly conditioned under an RDA.  Mr. Napoli requests a detailed wall cross-section for the wall and the construction access be added to the plan.  The Administrator requests a narrative with more details on the means and methods that will be used.  A motion to issue a Positive Determination #3 requiring a NOI is made Mr. Mabon, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous. Documents  Plan to Accompany a request for Determination of Applicability, August 21, 2019, prepared by Williams & Sparages, LLC  WPA Form 1 - Request for Determination of Applicability  RDA Application Checklist with Supporting Materials, dated August 26, 2019  Access Route, 60 Leanne Drive  Wall Cross Section Abbreviated Notice of Resource Area Delineation 242-1767, 41 Mark Road (Rosenberg)  The Administrator states the ANRAD is for confirmation of a wetland line at the end of the cul-de-sac at Mark Road. After reviewing the BVW line, the Administrator finds to be reasonable.  Patrick Seekamp, Seekamp Environmental Consulting, Inc. presents the delineation on behalf of the applicant. There is an off-site wetland associated with a wet meadow. Three wetland flags were placed. The 100-foot Buffer Zone, 50-foot NBZ and 25-foot NDZ are shown on the plan. The delineation was based on the mass of wetland species and the presence of hydric soils. Plot C contains some wetland vegetation however, it does not meet the criteria to be considered a jurisdictional wetland. The back of the lot is free of wetlands. There is no work proposed at this time.  Mrs. Feltovic requests clarification on what Plots A & B consist of.  Mr. Seekamp states the soils are not hydric in Plot A and that it has a high percentage of upland species. Plot B is 50/50 on wetland species, which confirms this is as a Wetland Plot.  Ann Fitzpatrick, 44 Mark Road expresses her concern with water issues.  Mr. Napoli states that no work has been proposed at this time but if work is proposed in the 100-foot Buffer Zone in the future abutters will be notified of the project application.  Mr. Seekamp states the area of concern described by the abutter is the wet meadow described in the ANRAD findings.  The Administrator requests the plan be updated with the owner’s information. She requests a note in the findings that the wetland is more expansive than what is shown on the plan.  A motion to approve the delineation as proposed with updated owner information on the plan is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous. Documents  ANRAD Application Checklist with Supporting Materials 09 25 19 NACC Meeting Minutes Page 5 of 7  WPA Form 4A-Abbreviated Notice of Resource Area Delineation  Plot Plan of Land, dated September 9, 2019, prepared by Sullivan Engineering Group, LLC  Site Photos, dated September 25, 2019 Notice of Intent 242-1762, 95 Lyons Way (O’Neill)  The applicant requested a continuance via email.  A motion to continue until October 23, 2019 is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0, Unanimous. Documents  Email from norseenvironmental@verizon.net requesting a continuance until 10/23/19 242-1760, 4 High Street (AvalonBay Communities, Inc.)  The applicant requested a continuance via email.  A motion to continue until October 23, 2019 is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Email from David_Gillespie@avalonbay.com requesting a continuance until 10/23/19 242-1764, 137 Andover Street & 0 Chickering Road (The Trustees of Reservations)  The applicant requested a continuance via email.  A motion to continue until October 23, 2019 is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0, Unanimous. Documents  Email from kfarr@hancockassociates.com requesting a continuance until 10/23/19 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP)  Mike Howard, Epsilon Associates, Inc. introduces the team and presents on behalf of the applicant. Langan Engineering is currently working on a response to the first set of peer review comments. They are working on a summary memo regarding hazardous building materials inventory and consolidating information regarding existing site conditions. They are working to explore baseline pH monitoring to address the Commission concerns. The Administrator will be touring the site on Monday along with Mr. Howard and Mr. O’Neil. The Commission has agreed to establish a Subcommittee to review the details of the NOI between public hearings. The first Subcommittee meeting will be scheduled once the next round of information available.  The Commission discusses the formation of a ConCom Subcommittee.  No public comment.  A motion to continue to October 23, 2019 is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0, Unanimous. Documents  No new information was submitted 242-1768, 130 Rea Street (Woodcock)  The Administrator states the filing is for a septic system upgrade within Buffer Zone to BVW. A site walk was performed and the wetland line was found to be reasonable. The Board of Health has yet to review the septic system design.  Ben Osgood Jr., Ranger Engineering present on behalf of the applicant. The proposed septic system is approximately 79-feet from the wetlands within same existing footprint in the front lawn. Erosion controls and stockpile area is shown on the plan. The construction route access will come from the street. The area is proposed to be loamed and seeded prior to the removal of erosion controls. 09 25 19 NACC Meeting Minutes Page 6 of 7  Mr. Mabon would like to know if they will be using the same leaching field for the new system and if they intend to change the septic tank as well. He would like to know what they intend to do with the additional fill material and if the size of the home has changed.  Mr. Osgood confirms they will be using the same leaching field and the septic tank will be changed. The material is not hazardous and that it can be used as fill elsewhere. The home is an existing four bedroom and that will not change. The tank is a pretreatment tank, which is approved by DEP for four or five bedrooms.  Mr. Napoli would like to know if this is Title 5.  Mr. Osgood confirms it is Title 5 and describes the septic system.  The Commission discusses the placement of wetland markers, which will be added to the revised plan.  No public comment.  A motion to continue to October 9, 2019 is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0, Unanimous. Documents  Full NOI Application with Supporting Materials, date September 12, 2019  Proposed Subsurface Sewage Disposal System, dated September 9, 2019, Sheets 1-2, prepared by Benjamin C. Osgood, Jr. P.E.  Site Photos, dated September 25, 2019 Enforcement Order/Violation 660 Great Pond Road (Rolling Ridge)  The Administrator states no new information was submitted. The Planning Director is working on an updated plan for the gravel parking lot. The area of violation is still stabilized and blocked off from pedestrian access.  Rev. Dr. Lawrence Jay states they are working with the Community Preservation Committee to develop a plan. The wetland and easement lines will be remarked by a surveyor per the request of the Community Preservation Committee. Once the plans are complete, he will report to the Commission. They are working to make the trail safer and more accessible.  The Commission discusses the parking lot project.  The Administrator states the DOA permit for the parking lot project expired in October 2018. The applicant will need to file for a new permit. The proposal for the rerouted trail will need to stay as far outside of the 25-foot NDZ as possible.  Mr. Napoli states the trail as it is designed now is not approvable.  The Commission discusses the violation. They request the parking lot and trail projects remain separate from one another.  The Commission states the applicant will need to refile for the parking lot permit.  Rev. Dr. Lawrence Jay states he is waiting on CPC, as they will be funding the parking lot project.  A motion to lift the Enforcement Order is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  No new information was submitted 456 Summer Street (Carlstrom & Dix)  The Administrator gives a brief update on the Enforcement Order noting that a NOI is forth coming for the 10/9/19 meeting.  A motion to continue to October 9, 2019 is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0, Unanimous.  A motion to extend the Enforcement Order until October 9, 2019 is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0, Unanimous. Documents 09 25 19 NACC Meeting Minutes Page 7 of 7  No new information was submitted 125 Sherwood Drive (Pegalis)  The Administrator states the fence was relocated to outside the 25-foot NDZ and debris behind the fence has been cleaned up.  A motion to lift the Enforcement Order is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0, Unanimous. Documents  Site Photos, dated September 23, 2019 537 Boxford Street (DeCoste)  This item was discussed with the Small Project application.  A motion to continue to October 9, 2019 is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0, Unanimous. Documents  Violation Letter, dated August 28, 2019  Site Photos, dated September 11, 2019 General/NEW/Old Business Hunting Dates  The Administrator states bow-hunting season will take place from Oct. 7, 2019 - Nov. 30, 2019. Decisions 242-1765, 2051 & 2053 Salem Street (Richards)  The Administrator reviews the drafted Order of Conditions with the Commissioners. A proposed stone construction access and proposed septic system are depicted on the plan and are not approved on this OOC. The bond is set in the amount of $10,000. The erosion controls are discussed. Re-grading in the Buffer Zone is neither proposed nor permitted. The restoration trees shall exhibit 100% survivorship after two growing seasons post installation, dead or dying specimens shall be replaced.  A motion to approve the Order of Conditions as drafted and amended is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0, Unanimous. 242-1763, 34 Rosemont Drive (Andren)  The Administrator reviews the drafted Order of Conditions with the Commissioners. The bond is set in the amount of $2,000. The erosion controls are discussed. Wetland markers are required every 30-feet. An invoice for the native wildflower seed mix is required.  A motion to approve the Order of Conditions as drafted and amended is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0, Unanimous. Adjournment  A motion to adjourn at 9:26 p.m. is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 4-0 Unanimous.