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HomeMy WebLinkAbout2019-12-11 Conservation Commission Minutes 12 11 19 NACC Meeting Minutes Page 1 of 8 North Andover Conservation Commission Meeting Minutes December 11, 2019 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Sean F. McDonough and John T. Mabon Members Absent: Douglas W. Saal and Deborah A. Feltovic Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:08 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of the November 6, 2019 as reviewed and amended is made by Mr. Manzi, 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 a stamped letter from the engineer certifying substantial compliance with the approved plan and Order of Conditions was received.  A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  Engineering Letter, dated November 24, 2019, prepared by Lala Associates Engineers LLC Modification Request 242-1759, 338 Blue Ridge Road (Verminski)  The Administrator provides some background on the project. The applicant is seeking a modification to the OOC to allow clearing up to the 25-foot NDZ, relocation of chain link fence and fire pit, patio extension and deck reconfiguration and additional infiltration trench is proposed along the edge of the patio/walkway. The work is currently in compliance with the OOC. Per the Building Inspector, there are no setbacks for patios.  Maureen Herald, Norse Environmental presents on behalf of the applicant. An overlay is provided to see the proposed changes vs. the approved plan.  Michelle Verminski the homeowner states they have hired a landscape architect to help figure out the plan.  The Administrator states the OOC required conservation posts, which are in place and have been surveyed onto the plan.  Mr. Herald states there will be a chain link fence placed at the 25-foot NDZ to surround the pool.  The Commission discusses the fence.  A motion to issue a Modification to the Order of Conditions as proposed is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  Minor Modification Request Letter, dated November 25, 2019, prepared by Norse Environmental Services, Inc. 12 11 19 NACC Meeting Minutes Page 2 of 8  Minor Modification Site Plan, dated November 14, 2019, prepared by Civil Design Consultants, Inc.  Plan of Land, dated July 19, 2019, prepared by Merrimack Engineering Services Small Project NACC #248, 234 Brentwood Circle (Robertson)  The Administrator reviews the proposal, which includes removing 6 dead trunks from multiple trunked trees in the front yard. One trunk from each cluster is proposed to be removed. The trees are less than 10- feet from BVW and approximately 60/70-feet from the house. A crane operated from the driveway will be used for the tree removal.  Carol Robertson, Garden Imprint presents on behalf of the applicant. They propose to remove the dead trees that are considered a threat to the home if they were to come down.  The Commission discusses whether or not the dead snags would make a suitable wildlife habitat.  Mr. Mabon states given the activity is within the 25-foot NDZ it does not meet the criteria for a Small Project.  Mr. Lynch states the project is more suited for an RDA and will need to be resubmitted.  Ms. Robertson requests to withdraw the application.  A motion to accept the withdrawal is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  Small Project Application with Supporting Materials, dated November 21, 2019  Plan to Accompany Small Project Permit NACC #249, 31 Sugarcane Lane (Casali)  The Administrator reviews the proposal, which includes removal of 6 trees in the backyard that are posing a safety hazard to the house. The trees are about 30-feet from the house and approximately 65-feet from BVW. Native shrubs are proposed to be planted in front of the trees to be removed. A planting list will be provided to the applicant.  Mr. Mabon would like to know if they propose to remove the tree stumps.  Mr. Casali the homeowner states they will do as the Commission wishes.  The NACC requests the applicant cut the stumps flush and leave them in place.  A motion to accept this as a Small Project G is made by Mr. McDonough, seconded by Mr. Manzi.  Vote 5-0, Unanimous.  A motion to approve the Small Project as described (stumps are to remain, planting list to be provided to the applicant and planting plan must be approved) is made by Mr. McDonough, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Documents  Small Project Application with Supporting Materials, dated November 27, 2019 NACC #250, 136 Carlton Lane (Duffy)  The Administrator reviews the proposal, which involves removing 7 trees and pruning 4 trees that pose safety hazards to the house and property. Ten out of the 11 trees are in the 100-foot Buffer Zone to an Intermittent Stream that runs along the driveway. Two of the trees to be removed and all 4 of the trees to be pruned are in the 25-foot NDZ.  The Administrator states that given the activity is within the 25-foot NDZ it does not meet the criteria for a Small Project and will require an RDA application.  Mr. Lynch states the 5 trees that are not within the 25-foot NDZ can be permitted for removal under a Small Project.  Mr. Manzi states the project is compliant as a Small Project if the two trees closest to the Resource Area are omitted from the application.  The Commission discusses whether to allow pruning in the 25-foot NDZ under a Small Project permit. 12 11 19 NACC Meeting Minutes Page 3 of 8  Ryan Duffy, the homeowner and applicant requests to remove the two trees from the 25-foot NDZ from all disturbance.  The Administrator will revisit the property to review which trees can be pruned.  A motion to accept this as a Small Project G with modifications and revisions (no cutting or pruning of any of the trees proposed to be removed within the 25-foot NDZ) is made by Mr. McDonough, seconded by Mr. Manzi.  Vote 5-0, Unanimous.  A motion to approve the Small Project (pre and post construction inspections) is made by Mr. McDonough, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  Small Project Application with Supporting Materials, dated November 27, 2019  Field Inspector Map, dated December 5, 2019 Request for Determination of Applicability (RDA) 630 Turnpike Street (Mavros Company, LLC)  The Administrator reviews the proposal for an After-the-Fact RDA for work performed within the 25-foot NDZ. Work includes the installation of shrubs along with the installation of a stockade fence. The site was subject to a Planning Board Special Permit Site Plan Review, approval for the construction of a rear mechanical equipment room addition, and a front lobby and elevator addition, with associated stormwater improvements. Landscaping was mentioned in the Planning Board’s decision however the plan is not clear as to what type or the location of the proposed landscaping. She reviews Building Permits #44328, #49913 and #49867, which were applied for by the project proponent. Based on historic aerials paving of the site occurred sometime between 1995 and 2001. There are no Conservation files on record for the property. After the cease and desist was issued requesting an application be filed the fence and plantings were installed. The terminal end of the fence is 45-feet from the edge of wetland. A site visit was performed today and it was noticed that there was an area of pavement that was sawcut.  Robert Gatta, the contractor states the pavement was sawcut in preparation to patch the pavement. The Special Permit issued by the Planning Board was recorded at the Registry of Deeds with the possibility of moving forward with that project later. The PVC fence and plantings were required by the PB in order to obtain the Special Permit. The shrubs from the front of the building were transplanted on the left and the right of the building. No more shrubs were replanted after the cease and desist was issued. He admits the fence was replaced; no new postholes were dug. He offers to relocate the plants if the Commission requires.  The Commission discusses the location of the project and the sequence of permitting.  Mr. Gatta admits to planting shrubs within 40-feet of the wetland.  Mr. Lynch states the work performed was not part of the permit Conservation signed off on.  Mr. Napoli states the parking lot is located in the 25-foot NDZ.  Mr. Gatta states the parking lot was existing when the property was purchased. The applicant requests a continuance.  Mr. Manzi advises Mr. Gatta that the Commission will discuss the Violation Letter this evening and will consider other enforcement action.  A motion to continue to January 8, 2020 is made by Mr. McDonough, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  Site Photos, dated December 11, 2019  Interior Renovations & Exterior Improvements Plan, dated July 30, 2019, prepared by Kritikos Architects  Interior Renovations & Exterior Improvements Plan, dated April 8, 2019, prepared by Kritikos Architects  Historic Aerial Photos 12 11 19 NACC Meeting Minutes Page 4 of 8  Plan of Land to Accompany RDA, dated November 10, 2019, prepared by Acres Engineers Surveyors  RDA Application Checklist w/Supporting Materials, dated October 26, 2019  WPA Form 1- Request for Determination of Applicability, dated November 26, 2019  Site Plan, dated February 20, 2019, prepared by Merrimack Engineering Services Notice of Intent 242-1764, 137 Andover Street & 0 Chickering Road (The Trustees of Reservations)  The Administrator states that revised electronic plans were received. The revision only related to parking space count and ADA parking labeling. Planning staff anticipates the Planning Board will close at the December 17th meeting. The Stormwater Review was completed and the Third Party Peer Review concurs that the post construction conditions will decrease peak flows from what currently exists. The Town Engineer has provided a recommendation that the applicant work with DOT to investigate the condition of the culvert under Rt. 125 and work to address any problems.  Mr. Napoli states he is uncomfortable that the project has not received DOT approval for a street opening. He requests the applicant continue pushing to rectify the culvert issues if the street opening is approved.  Deb Colbert, Hancock Associates states they notified DOT of the culvert situation and they said they would look into it. They also spoke with them regarding the street opening and DOT has not expressed any concerns, but won’t issue a permit until Town Boards sign off.  The Administrator states the Commission was cc’d on a letter from the abutters on Andover Street and Wood Lane. Most of the comments and requests are related to the Planning Board’s jurisdiction, with Paragraph 12 on Page 4 speaking to drainage.  The Commission agrees the project meets the NACC’s requirements.  No public comment.  A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents  Permit Site Plan, dated December 10, 2019, prepared by Hancock Associates 242-1760, 4 High Street (AvalonBay Communities, Inc.)  The applicant requested a continuance via email.  A motion to continue until January 8, 2020 is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  Email from David_Gillespie@avalonbay.com requesting a continuance until 1/8/20 242-1762, 95 Lyons Way (O’Neill)  The Administrator provides some background on the proposal. The project engineer has responded satisfactorily to the Town’s requests for additional information and has provided recommendations for the conditions of approval for both the Planning Board and Conservation Commission to adopt. A site inspection was performed when the application was first submitted and the wetland line was reasonable. During the site inspection, some violations were observed that need to be addressed.  Maureen Herald, Norse Environmental presents on behalf of the applicant. Abutters to the project were re-notified per the Commission’s request. The majority of the work to be performed is outside of the 100- foot Buffer Zone. The pond is currently overgrown and is not maintained by the town. They propose to place the detention pond underground and the area will be maintained as lawn.  Mr. Lynch states the town owns the easement rights, the system and the obligation to maintain it. He expresses his concern that the project may require approval from the Board of Selectmen. This will ensure the town will accept the construction of the system as a gift and that the town will be obligated to carry out the perpetual maintenance conditions set forth by the NACC. 12 11 19 NACC Meeting Minutes Page 5 of 8  Ms. Herald states she has spoken with the Planning Department’s Staff Planner who indicated the project would require a minor modification to the subdivision approval. She offers to reach out to the DPW, Planning, and the BOS.  The NACC discuss how the project would be conditioned. The Commission requests more documentation before a decision is made.  Mr. Napoli states he would be more comfortable with the maintenance responsibility being placed on the homeowner.  Mr. Mabon would like to know if the detention pond is discharging directly into the wetland.  Ms. Herald states it discharges to the wetland, they are not proposing any changes to the discharge location.  Mr. Mabon requests they look into discharging at the 25-foot NDZ to allow for overland flow and treatment prior to entering the wetland.  A motion to continue to February 5, 2020 is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents  Drainage Improvement Plan, dated October 30, 2019, prepared by Land Engineering & Environmental Services, Inc.  Correspondence Letter, dated October 30, 2019, prepared by Land Engineering & Environmental Services, Inc.  Stormwater Pond Replacement Plan, dated October 30, 2019, prepared by Land Engineering & Environmental Services, Inc. 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP)  Mr. Lynch states the subcommittee has reviewed demolition materials, pavement construction, infiltration vulnerabilities and documentation establishing measurement protocols for pH levels. He feels that after hearing additional information tonight the NACC will be in a position to wait for the Planning Board to complete their process.  Mike Howard, Epsilon Associates, Inc. introduces the team and provides an overview of the project. He provides follow up on items of discussion with the subcommittee since the last meeting. Lab results indicate the yellow brick on the existing building does not contain any level of asbestos. The RCA material was excluded from use within or near any stormwater infiltration basins. They propose a 26-foot setback zone from the infiltration basin where no RCA will be used. The applicant has agreed to eliminate the use of RCA from any areas scheduled for asphalt paving, including all parking areas and interior roadways throughout the entire project site. The RCA to remain will be placed beneath the footprint of the building and its foundation. A minimum separation of 3-feet is proposed between the groundwater elevation and the bottom of the RCA. A detail depicting the temporary stockpiling of RCA during construction is reviewed. No additional RCA will be imported onto the site as backfill material. They will work with the Commission to gain clarity on the spec for the imported material including a commitment to have the material certified as clean when it arrives at the site. They have updated the pH monitoring protocol frequency to bi-weekly and within 24-hours of a storm event that is greater than 0.1- inches.  Mr. Manzi expresses concerns with RCA material being used on-site and the migration of materials prior to the foundation being sealed off. He would like to know how they would prevent movement of the material when it is stockpiled. If RCA were allowed to be placed beneath the building, he would like to know how they propose to encapsulate and barrier material preventing migration through groundwater movement.  Tim O’Neil, Langan Engineering explains the stockpiling detail.  Jamie Barr, Langan Engineering states poly sheeting will cover the material and will be secured/weighted down to prevent rainwater from hitting the materials.  Mr. O’Neil states if it were a straight layer of 100% RCA the deepest it would be is 2.2-feet.  The Commission discusses the foundation cross section and construction sequence. 12 11 19 NACC Meeting Minutes Page 6 of 8  Tim O’Neil states the RCA will be exposed briefly prior to the slab being built over it. The roof for the building will be built after the slab has been poured.  Mac Utsey, Hillwood Enterprises LP, describes the construction sequence for the foundation. There will be multi levels inside the building.  Mr. Mabon would like to know if the vapor barrier would be a barrier to moisture and rainwater to prevent percolating down through the RCA and contaminating the soil.  Mr. Barr states it is a true vapor barrier as part of the activity use limitation on that portion of the site.  No public comment.  Mr. Lynch suggests the building be divided into cells to prevent the RCA from being exposed for more than one week at a time.  Mr. Manzi states he plans to do some additional research on the use of RCA.  Mr. McDonough would like to know the distinction between imported fill vs. structural fill.  Mr. Barr explains the difference between imported fill vs. structural fill.  Mr. Howard states they will look at the suggestions made by the Commission and report back to the NACC.  A motion to continue to January 8, 2020 is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents  Test Report, dated December 9, 2019, prepared by EMLS Analytical, Inc.  Reclaimed Concrete Allowable Placement Plan, Sheet 1 of 1, dated November 11, 2019, prepared by Langan Engineering and Environmental Services, Inc.  Reclaimed Concrete Allowable Placement Plan, Sheet 24 of 106, dated November 11, 2019, prepared by Langan Engineering and Environmental Services, Inc.  Reclaimed Concrete and Asphalt Pavement Placement Plan, Sheet 1of 1, dated December 9, 2019, prepared by Langan Engineering and Environmental Services, Inc. 242-1776, 805 Forest Street (Benayoud)  The Administrator reviews the proposal for the construction of an in-ground pool, associated patio and fencing. Wetland resources include BVW and associated 100-foot Buffer Zone with a potential vernal pool within the BVW. Verification of the vernal pool was not feasible due to the time of year of the delineation. Project limits have been kept outside of the 75-foot NBZ to potential vernal pool habitat. A site inspection was performed and the delineation seems reasonable. A play structure that was not called out on the plan was observed during the site inspection. The structure may be within the 50-NBZ and must be placed on the plan to verify. If inside the NBZ it should be moved. The driveway will be used as the construction entrance and the stockpile location is located outside the 100-foot Buffer Zone.  Jack Sullivan, Sullivan Engineering Group presents on behalf of the applicant. The play structure will be removed by the homeowner. Norse Environmental performed the delineation, it is their opinion it is a vernal pool. The limit of work at the closest point is 79-feet and the pool patio is 87-feet away from the wetland line. They are not looking for a determination on the vernal pool. The plan depicts the location of the pool mechanicals behind the shed. The proposed pool will be a gunite pool with a cartridge system.  Mr. McDonough requests wetland markers to be placed along the existing tree line.  No public comment.  A motion to continue to January 8, 2020 is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents  Site Photos, dated December 11, 2019  Plot Plan of Land, dated November 3, 2019, prepared by Sullivan Engineering Group, LLC.  Certified Mail Receipts  Notice of Intent Application w/Supporting Materials, dated November 3, 2019, prepared by Sullivan Engineering Group, LLC.  Site Narrative, dated November 15, 2019, prepared by Sullivan Engineering Group, LLC. 12 11 19 NACC Meeting Minutes Page 7 of 8 242-1774, 633 Turnpike Street (Andover Pest Control)  The applicant requested a continuance via email.  A motion to continue until February 5, 2020 is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents  Email from A.Marchionda@marchionda.com requesting a continuance until 2/5/20 242-1777, 500 Great Pond Road (North Andover CC)  The Administrator reviews the proposal for the construction of a rear building addition, wood frame deck, paver walkway and patio expansion with landscaping beds. Work will take place in the outer Riverfront Area to an unnamed perennial stream and outside the 100-foot Buffer Zone to BVW. The project received ZBA variance approval for the expansion of the building. The Planning Board has held one public hearing and conducted a Third Party Peer Review, which included stormwater. The recommendations made to the applicant by Horsley Witten with regard to stormwater are reviewed. The Planning staff has drafted a Planning Board decision, which may be voted on at their December 17th meeting.  The applicant and consultant are present for questions.  The Commission discusses the proposed plans.  No public comment.  A motion to continue to January 8, 2020 is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents  Notice of Intent Application w/Supporting Materials, dated November 22, 2019, prepared by  Site Plan of Land, dated November 19, 2019, prepared by Merrimack Engineering Services  As Built Plan of Land, dated July 22, 2002, prepared by Scott L. Giles Frank S. Giles Surveying Enforcement Order/Violation 410 Summer Street (Loughran)  The Administrator provides an update on the Enforcement Order. A site inspection was performed and the Field Inspector found that not all of the exposed stockpiled soil was covered. The homeowner has engaged with Andover Consultants to prepare a survey plan.  Timothy Loughran, the homeowner is present for questions.  Mr. Manzi questions if the homeowner has engaged a wetland scientist to formally delineate the wetland.  The Administrator states the quote from Andover Consultants indicates the applicant must provide their own wetland biologist.  Mr. Mabon suggests the homeowner shop for his own wetland biologist as it will possibly be less expensive.  Mr. Manzi requests the homeowner stay in touch with the Administrator throughout the process.  A motion to continue to January 22, 2020 is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  Site Photos, dated December 10, 2019  Enforcement Letter, dated November 14, 2019 630 Turnpike Street  The Commission continues the violation discussion that was addressed earlier in the meeting with the Request for Determination of Applicability.  Mr. Manzi states they must reaffirm the cease and desist in an Enforcement Order. The EO is to be sent to the landowner and the contractor cc’d. The site is to remain stable, no activity in the Buffer Zone.  The Commission discusses the violation, permitting of work and how they will proceed with fines. 12 11 19 NACC Meeting Minutes Page 8 of 8  Mr. Lynch states if the open and obvious pavement existed for decades it should remain but will not be allowed any closer to the wetland.  The Administrator states no changes were proposed to the asphalt/parking area. The proposed work was to consist of plantings and a fence.  Mr. Lynch states the obligation to file an application with the NACC has been met with the RDA.  The Commission discusses the unpermitted work and work that was undertaken after the cease and desist was issued. An Enforcement Order is to be issued requiring work to cease and desist. The applicant is required to appear at the January 8th meeting. Fines will accrue in the amount of $100 a day starting on October 28th through December 11th for violation of the cease and desist letter dated October 28, 2019.  A motion to issue an Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  Enforcement Letter, dated October 28, 2019 General/New/Old Business 242-1692, Extension Request, 1210 Osgood Street (Princeton Development, LLC)  The applicant requested a continuance via email.  A motion to continue until January 8, 2020 is made by Mr. McDonough, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  Email from dBrenner@nrpgroup.com requesting a continuance until 1/8/20 Decisions 242-1764, 137 Andover Street & 0 Chickering Road (The Trustees of Reservations)  The Administrator reviews the drafted Order of Conditions with the Commission. The revisions date of the plans will be changed to reflect the new date. Condition #50 will include the DOT street opening. The bond will be set in the amount of $5,000. Condition #54 states that anything beyond cleaning and maintenance of the culvert is likely to require further permitting activity by DOT and notification to NACC.  A motion to approve the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Adjournment  A motion to adjourn at 10:06 p.m. is made by Mr. McDonough, seconded by Mr. Mabon.  Vote 5-0 Unanimous.