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HomeMy WebLinkAbout2019-11-20 Conservation Commission Minutes 11 20 19 NACC Meeting Minutes Page 1 of 7 North Andover Conservation Commission Meeting Minutes November 20, 2019 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Deborah A. Feltovic, and John T. Mabon Members Absent: Douglas W. Saal and Sean F. McDonough Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:04 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of the October 23, 2019 as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Certificate of Compliance (COC) 242-1428, Turnpike Street, Lot 4N-A (One Hundred Fourteen Trust)  The Administrator states site inspections were performed and the additional information required has been received. All Modifications were reflected on the final As Built. The Vernal Pools have been monitored throughout construction. The most recent report was done on October 31, 2019. Vernal Pool monitoring will continue 3-years post issuance of the Certificate of Compliance. Condition #35 requires monitoring be performed on the invasive plant species during the 3-year period. No Snow Stockpiling signs and No Salt Zones signs were posted. The porous pavement, BMP’s and Bio Retention Areas were observed during rain events and are functioning properly.  Patrick Garner, Patrick C. Garner Co., Inc. is present for questions.  Mr. Manzi would like to know if a certified compliance letter was received regarding the OOC and Wetlands Protection Act.  The Administrator reads a memo received on May 20, 2019 from the P.E., which speaks to the OOC. A second letter was received on May 28, 2019 from Patrick Garner, PLS stating the project is in compliance.  Mr. Lynch states the language in the letter does not meet the NACC’s requirements for a compliance letter. The letter must state the project is in substantial compliance, will no exceptions to the OOC or Amendments.  Mr. Garner requests the NACC issue the COC subject to receiving a compliance letter by 10:00 a.m., November 21, 2019.  Mr. Lynch states he would be more comfortable voting once the letter has been received. The applicant is not required to attend the next meeting.  A motion to issue a Certificate of Compliance and hold for a period not to exceed 48-hours. If a compliance letter is not received, the vote will be expunged and the request for COC will be denied is made by Mr. Lynch, seconded by Mr. Manzi.  Mr. Lynch asks the Administrator to reference the OOC to ensure the letter is not required to be written by a P.E.  A motion to withdraw the previous motion and continue until December 11, 2019 per submission of PE’s proper certification letter is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Documents 11 20 19 NACC Meeting Minutes Page 2 of 7  Certificate of Compliance Supporting Materials  COC Request Letter, dated May 28, 2019, prepared by Patrick C. Garner Co., Inc.  WPA Form 8A - Request for Certificate of Compliance  Drainage Quality Letter, dated May 8, 2019, prepared by LALA Associates Engineers LLC  Appendix A - Affidavit, dated September 6, 2013  As-Built Plan, dated November 18, 2019, prepared by Patrick C. Garner Co., Inc.  Wetland Restoration Report, Area A dated May 29, 2019, prepared by Patrick C. Garner Co., Inc.  Wetland Restoration Report, Area B & C dated May 29, 2019, prepared by Patrick C. Garner Co., Inc.  No Snow Stockpiling Signage Photos Small Project NACC #247, 328 Campbell Road (Hickey)  The Administrator reviews the proposal, which involves replacing an existing set of pressure treated stairs with a new composite frame, stairs and decking to be supported by the existing footings. No ground disturbance is proposed. Work is approximately 95-feet from the wetland with the existing house located in between.  A motion to accept this as a Small Project L is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous.  A motion to approve the Small Project as described (post construction inspection) is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Small Project Application with Supporting Materials, dated November 7, 2019  Small Project Narrative Request for Determination of Applicability (RDA) 268 Raleigh Tavern Lane (Atallah)  Mr. Mabon recuses from the discussion due to a conflict of interest as an abutter to the project.  The Administrator provides some background on the project. Documentation was provided per the Commission’s request. A Conservation approval letter was issued in May 2017 for tree removal and which allowed the fence to remain. Aerial images dating back to 1995 were provided showing the play area. An affidavit from the previous homeowner was received which attests to the play area being installed between 1985 and 1986 confirming the play area predates the Bylaw NDZ/NBZ regulations.  A motion to issue a Negative Determination #3 as recommended (pre construction erosion control inspection and post construction inspection) is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 4-0, Unanimous, Abstained: Mr. Mabon. Documents  Tree Cutting Letter, dated May 19, 2017  Aerial Photography  Affidavit, dated November 7, 2019  Photography, dated 1998, 2014, 2017 100 Willow Street (Gourmet Specialty Foods)  The Administrator provides some background on the project. Revised plans were submitted showing an enlarged proposed sediment forebay, stone infiltration trench, No Snow Stockpiling signs and area designated for snow storage.  Michael Laham, The Morin-Cameron Group reviews the O&M Plan and snow storage areas.  No public comment. 11 20 19 NACC Meeting Minutes Page 3 of 7  A motion to issue a Negative Determination #3 as recommended (pre construction erosion control inspection and post construction inspection and requiring maintenance of the forebay 2x a year at the same time as the infiltration basin) is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Plan to Accompany Request for Determination of Applicability, dated November 14, 2019, prepared by The Morin-Cameron Group, Inc.  Summary Letter, dated November 14, 2019, prepared by The Morin-Cameron Group, Inc. Abbreviated Notice of Resource Area Delineation 242-1772, 0, 1160 & 1193 Great Pond Road (Brooks School)  The Administrator states revised plans were received and comply with the requested changes. She recommends approving the delineation for the following BVW, A-Series, AB Series, B-Series, C-Series, D-Series, E-Series, F-Series, G-Series, H Series and I-Series.  Mr. Napoli would like to know how the property would be accessed.  Greg Hochmuth, Williams & Sparages presents on behalf of the applicant. There is an existing access path behind one of the houses off Great Pond Road. No project is proposed at this time.  No public comment.  A motion to approve the delineation as recommended and amended is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Plan to Accompany an Abbreviated Notice of Resource Area Delineation, Sheets 1-4, dated, November 5, 2019, prepared by Marchionda & Associates, L.P. 242-1775, 1503 Osgood Street (PKC Advisors LLP)  The Administrator states the ANRAD was submitted for 1,291-linear feet of BVW. The entire wetland line was reviewed. She requested Flag A7 be moved upland by 23.5 feet from A8 and by 24.9-feet from A6. A revised plan was received and accurately reflects the adjustment. The property has an outstanding OOC, DEP #242-1478 for the construction of contractor’s office building and associated grading with riprap slope. The project was subject to a series of EO’s with the project proponent eventually filing for Chapter 11 Bankruptcy.  Greg Hochmuth, Williams & Sparages presents on behalf of the applicant. His client is interested in the property but does not own it. He will make sure his client is aware of the existing issues and inform them that the outstanding issues will have to be closed out.  Mr. Lynch requests the findings to state the prior violations must be resolved.  Mr. Manzi requests an EO be issued to mandate a cleanup and compliance forthwith.  Mr. Lynch would like to know if there is a way to tell if the 25-NDZ has moved due to the previous violation.  Mr. Hochmuth states it appears some of the fill migrated very close and just over that 25-foot NDZ Buffer. There was no evidence of any fill in the jurisdictional wetland resource areas. There may have been some encroachment into NDZ and possibly NBZ. The current property owner is Jeffery E. Ryan & Co. Inc. out of Delaware and Middlesex Realty Trust.  No public comment.  The Administrator recommends approving the delineation for BVW, Flags A1-A51 with findings that prior violations must be resolved.  A motion to approve the delineation as recommended is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Abbreviated Notice of Resource Area Delineation w/Supporting Materials, dated November 1, 2019, prepared by Williams & Sparages, LLC 11 20 19 NACC Meeting Minutes Page 4 of 7  Plan to Accompany an Abbreviated Notice of Resource Area Delineation, dated, November 1, 2019, prepared by Williams & Sparages, LLC.  Plan to Accompany an Abbreviated Notice of Resource Area Delineation, dated, November 13, 2019, prepared by Williams & Sparages, LLC. Notice of Intent 242-1760, 4 High Street (AvalonBay Communities, Inc.)  The Administrator states she met with project representatives on November 5th. Plans were revised to eliminate wetland filling and activities/structures from the 25-foot NDZ and 50-Foot NBZ and reduce the number of units from 250 to 200. Email comments from staff were provided which outline additional information needed. A further revised set of plans dated November 18, 2019 were received yesterday. The plans were briefly reviewed and found to have had some missing sheets and notations and will require revising. The applicants are present to provide the Commission with an update in terms of the progress that they have made and to be sure, they are clear on what the Commission wants for supplemental information.  David Gillespie, AvalonBay Communities, Inc. and Brian Huntley, Tighe and Bond are both present on behalf of the applicant. A slightly revised set of plans was sent to Conservation concurrently with their submission to the Planning Board. They would like to review the plans dated October 25, 2019.  Mr. Manzi states the plans dated November 18th do not comply with the 7-day submission policy.  Mr. Gillespie states they have submitted revised plans and narrative along with the Stormwater Report, which is under review by Horsley Witten.  Mr. Huntley states they eliminated the direct wetland fill and wetland work originally proposed. They are proposing 1,110-s.f. of temporary impact in the 25-foot NDZ to remove areas that are currently paved and revegetate. They are proposing 4,700-s.f. of temporary impact within the 50-foot NBZ. This includes some grading on the backsides of the parking areas, which will be vegetated at the completion of the project. The majority of that is additional removal of existing pavement within the 50-foot NBZ. There are approximately 11,400-s.f. of temporary impacts and 21,000-s.f. of permanent impact within the 50- foot to 100-foot Buffer Zone. This will be for areas of parking as well as the building and utilities associated with the project. Waivers are no longer requested for the project. The October 25th plans consist of overall site layouts and did not include details of stormwater design. The November 28th plans contain a larger amount of detail on the stormwater design and is accompanied by a full Stormwater Report.  Mr. Lynch states he would like to see the areas of disturbance and what they are proposing as far as the impacts.  Mr. Huntley presents the October 25th plans and reviews the individual changes that have been made. The discharge points have been reduced from three down to two. Each of the areas provide TSS removal as required and the pre and post analysis has been completed. They have met all the requirements from DEP stormwater guidance for the discharges to the wetland. There are bio retention areas where they are possible as well as some low-level depression areas. He explains the difference between the bio retention areas vs. a low-level depression area.  Mr. Mabon would like to know if any infiltrators are proposed below the parking areas. He would like to know if test pits were performed.  Mr. Huntley presents the two infiltration areas they have proposed under the parking area. No test pits have been performed. They are waiting for approval from Conservation and Planning prior to proceeding. He indicates the location of the two proposed discharge locations according to the design at this time. The discharge points are located outside the 25-foot NDZ.  Mr. Lynch states the Resource Area and how stormwater is managed, drive the Commission’s review. He suggests an invasive plant management system as part of the development.  Mr. Napoli expresses concern that test pits have not been performed. 11 20 19 NACC Meeting Minutes Page 5 of 7  Mr. Huntley states the project falls under both redevelopment and new development. He explains the definition of redevelopment under the Wetland Protection Act. They are improving stormwater quality over the entire site as well as meeting the required standards both locally and by DEP.  Mr. Napoli questions if there is a pipe/swale that runs along High Street.  Don Moriarty, 148 Main Street states there is a pipe/swale, which runs parallel to the ballfield and fence line between Sutton Pond Condos and the property.  Mr. Huntley states this pipe/swale is indicated on the plans.  Mr. Moriarty states the source of water coming from the pipe is unknown. He expresses concern that Sutton Pond Condos main freshwater source, sewer and gas lines run directly under the property. He would like to know if there is an offset on how close you can build to another property line. He expresses concern that the relocation of the power lines will cause interruption to their power supply.  Mr. Lynch states the property setbacks fall under the purview of the Zoning Department. Any deviations to the plan will trigger the applicant to come back before the NACC. He would like to know if they are able to accommodate all the parking required without requesting a waiver from the NACC.  Mr. Napoli directs Mr. Moriarty to check with DPW regarding the placement/location of the pipe.  Mr. Gillespie states the only utility easements on the property are for power and sewer lines. There is no record of water or high pressure gas lines on the property. He offers to meet Mr. Moriarty on site to discuss what he has found. If a waiver is required for a parking variance, it will be requested from Zoning Board of Appeals, not the NACC.  Mr. Lynch would like to know where they are with the Peer Review process.  Mr. Huntley states a full review of the initial proposal was performed. They received comments that they have addressed and incorporated into the Stormwater Report. The design relies on groundwater infiltration as a way of stormwater management.  Mr. Lynch questions if the Peer Reviewer requested test pits.  Mr. Huntley states they want to be sure the concept they are proposing and the approach on the entire site is acceptable before starting test pits on the site. The site will be a net fill site.  Mr. Lynch states the NACC will require seeing test pits/borings upfront, not during the preconstruction phase. The NACC is interested in test pits/borings for stormwater management and construction BMP purposes. The test pits/boring should be in the general location that they plan to put the infiltration systems.  Mr. Gillespie states they have performed borings for geotechnical purposes for bearing capacity for foundations. At the Commission's request, they will work on a Dewatering Plan. Test pits will be completed in the stormwater locations as required. A summary letter of the 21E Report was provided for the Commissions review  Robert Dufault, 148 Main Street would like to know if the 21E Report is public information.  Mr. Gillespie provides Mr. Dufault a copy of the summary letter per his request.  Mr. Lynch directs the Administrator to contact Horsley Witten to ensure the stormwater review is not closed out until they have test pit information to verify the functionality of the systems.  A motion to continue until December 11, 2019 is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Summary Letter, dated November 19, 2019, prepared by Sanborn Head & Associates, Inc.  Site Plans, sheets 1-19, dated November 2019, prepared by Tighe & Bond 242-1774, 633 Turnpike Street (Andover Pest Control)  The Administrator cautions the applicant that the project requires Planning Board review. Per the By-Law and Wetlands Protection Act, that filing is required before the application is considered complete.  Paul Machionda, Marchionda & Associates, L.P. presents on behalf of the applicant. The proposal involves the construction of parking and circular driveway around the building, proposed rain garden and associated grading. The existing curb cut will be used. Work is outside the 25-foot NDZ, which is to be allowed to re-naturalize on its own and will be demarcated by a post and rail fence. A waiver was 11 20 19 NACC Meeting Minutes Page 6 of 7 requested for a portion of the proposed driveway that is within the 50-foot NBZ. There will be a net increase of 2,441-s.f. of impervious surface for a total of 6,414-s.f. Test pits were performed for the rain garden area. Stormwater calculations were performed and O&M was provided. Post peak flows have been reduced under all storms.  Mr. Lynch states the project meets all of the NACC’s standards however, it will require approval from the Planning Board.  Mr. Manzi states an Alternatives Analysis is required to support the waiver request.  Mr. Napoli informs the representative that the NACC typically requires a loose stone farmer’s wall vs. a post and rail fence. He directs the representative to check with the state regarding the width of the curb cut.  No public comment.  A motion to continue to December 11, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  Notice of Intent Application w/Supporting Materials, dated October 2019, prepared by Marchionda & Associates, L.P.  Stormwater Management Report, dated November 5, 2019, prepared by Marchionda & Associates, L.P. 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP)  The applicant requested a continuance via email.  Mr. Lynch provides a brief subcommittee update regarding phasing and the proposed use of RCA on site.  A motion to continue until December 11, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  Email from mhoward@epsilonassociates.com requesting a continuance until 12/11/19 Enforcement Order/Violation 410 Summer Street (Loughran)  The Administrator states the Field Inspector visited the site and spoke with the homeowner. The homeowner did not allow the Field Inspector on the property to determine how close the proximity of work is to the wetland. They believe the work is within the 50-foot NBZ and maybe the 25-foot NDZ. The work was described as a replacement to an inground pool.  Timothy Loughran, the homeowner states the original proposal was to repair the pool and replace the decking. Due to safety concerns, they are replacing the structure. The contractors informed him that no permit was needed because the pool was an existing structure.  The Administrator presents aerial photography depicting the pool in 1978. The limit of deck work is unknown at this time.  The Commission explains the permitting process and why the Violation Letter was issued.  Mr. Lynch states the type of Conservation permit required will depend on the footprint of pool and patio.  The Administrator states the previous Administrator issued previous Enforcement Letters in March 2018.  Mr. Manzi directs the homeowner to speak to the Building Department regarding permitting to remove and replace the pool. This Building Permit will trigger permitting through the Conservation Department. The homeowner is instructed to have the wetland delineated by a wetland scientist.  The Administrator states the construction is ongoing with exposed soils and mounds of dirt.  The Commission directs the Administrator to issue a cease and desist. The homeowner is directed to stabilize the site with silt fence, cover the stockpiles and engage a wetland scientist. A project update will be required at the December 11th meeting.  A motion to amend the Enforcement Order as discussed is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. 11 20 19 NACC Meeting Minutes Page 7 of 7  A motion to continue to December 11, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  Violation Letter, dated March 1, 2019  Aerial Photography, dated 1978  Enforcement Letter, dated November 14, 2019 Decisions 242-1773, 60 Leanne Drive (Bresnahan)  The Administrator reviews the drafted Order of Conditions with the Commission. Dewatering is required to be installed pre construction. Condition #57 will be updated to contain standard/boilerplate language. Existing mortar/cement/concrete shall be taken off site and disposed of properly. The bond will be set in the amount of $5,000.  A motion to approve the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Adjournment  A motion to adjourn at 9:36 p.m. is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0 Unanimous.